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GOVERNMENT IN MISSOURI 




































































































































































































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GOVERNMENT IN MISSOURI 


LOCAL, STATE, AND NATIONAL 


BY 

ISIDOR LOEB, Ph.D., LL.B. 

PROFESSOR OF POLITICAL SCIENCE AND CONSTITUTIONAL 
LAW IN THE UNIVERSITY OF MISSOURI 



NEW YORK CINCINNATI CHICAGO 


AMERICAN BOOK COMPANY 






Copyright, 1912, by 

ISIDOR LOEB. 

Copyright, 1922, by 

AMERICAN BOOK COMPANY. 

Entered at Stationers’ Hall, London. 

GOVERNMENT IN MISSOURI. 

E. P. 7 



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APR 12 1922 


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PREFACE 


M 

In writing this book I have had in mind the needs 
of the children in the elementary schools of Missouri. 
As most of these pupils will not attend a high school 
or college, they should receive their training in citizen¬ 
ship before they leave the elementary school. It has 
been the primary aim to develop in the pupil some 
appreciation of his membership in the state, and the 
rights and duties arising therefrom. Hence the text 
begins with the family and school, township and county, 
city and village, — agencies of government with which 
the pupil is or may be made familiar through the facts 
of his daily life. 

From these organs of local government the pupil can 
proceed to those of the state and national governments. 
In order to retain his interest in these wider fields, 
there has been introduced much material dealing with 
the activities of government as well as its organization. 
Care has been taken to present the actual operation of 
the government machinery. Recent important devel¬ 
opments in Missouri, such as the direct primary and 
the initiative and referendum, have been explained. 
Much attention has also been given to the workings 
of the national government with particular reference 
to its new activities in the postal system, regulation of 
commerce, etc. The teacher can increase the interest 
of the pupils by using ballots, assessment lists, city 
3 


4 


GOVERNMENT IN MISSOURI 


ordinances, and other material to illustrate the actual 
process of government. The pupil can be led to pre¬ 
sent illustrations taken from his daily experiences or 
gained by special visits to particular officials or public 
institutions. 

As the book is intended for the pupils in the elemen¬ 
tary school, it has been my aim to omit all discussions 
of a technically legal or constitutional character. The 
interest of the pupils will be quickly destroyed if they 
are called upon to read or memorize the details of 
judicial procedure or the formal language of constitu¬ 
tional provisions. Selected sections from the state and 
national constitutions may be used to advantage. A 
copy of the Official Manual of the State of Missouri, 
which can be secured free of charge from the Secretary 
of State at Jefferson City, will furnish much material 
for illustrating local, state, and national government. 
The suggestive questions which have been added at 
the end of each chapter may be used in this connection. 

ISIDOR LOEB. 

Columbia, Missouri. 


CONTENTS 


PART I. SOCIETY AND GOVERNMENT 

CHAPTER I 

PAGE 

Individuals and Society.. . .11 

Nature of Society — The Family Society — The School 
Society — The Political Society. 

CHAPTER II 

Government.16 

Need of Government — Family Government — School Gov¬ 
ernment— Political Government — Classes of Govern¬ 
ment — Local Government — State Government — 


National Government. 

CHAPTER III 

Citizenship.21 

Citizens and Aliens — Naturalization — Rights of the 


Citizen — Personal Rights — Property Rights — Duties 
of the Citizen — Obedience — Service — Patriotism. 

CHAPTER IV 

Suffrage and Elections.25 

Political Rights — Public Officials — Suffrage — Registra¬ 
tion — Nominations — Elections. 


PART II. LOCAL GOVERNMENT 

CHAPTER V 

The County.31 

Nature and Kinds of Local Government — The Origin of 
the County — The County in Missouri — County Ofifi- 
5 






6 


GOVERNMENT IN MISSOURI 


cials — Election of Officials — Term of Office — Com¬ 
pensation—Composition of the County Court — Powers 
of the County Court — County Clerk — Circuit Clerk 
and Recorder — Sheriff — Coroner — Prosecuting Attor¬ 
ney— Assessor, Collector, and Treasurer — Surveyor — 
Highway Engineer — School Superintendent and Text¬ 
book Commission — Probate Judge and Public Adminis¬ 
trator. 

CHAPTER VI 

The Township. 

Nature of the Township — The Municipal Township — 
The Incorporated Township — The Congressional Town¬ 
ship — The School District. 

CHAPTER VII 

Cities, Towns, and Villages. 

How Cities Arise — City Government — Charter — Classi¬ 
fication of Cities, Towns, and Villages — Departments 
of City Government — The City Legislature — The 
Mayor — City Officials — City Courts — City School 
Districts — Growing Importance of City Government — 
Important City Problems — Public Service Franchises 
— Municipal Ownership — Reform in City Government 
— Public Opinion — Commission Form of City Govern¬ 
ment. 

PART III. STATE GOVERNMENT 

CHAPTER VIII 

The States. 

Origin of American States — Admission of New States — 
How Missouri became a State — The Forty-eight States. 

CHAPTER IX 

The State Constitution. 

Origin of the State Constitutions — Nature of the Con¬ 
stitution — Constitution of Missouri — Amendment of 
the Constitution — Revision of the Constitution. 


PAGB 


46 


53 


68 


72 




CONTENTS 


7 


CHAPTER X 

PAGE 

The State Legislature.78 

The Two Houses — Time and Place of Sessions — Pay of 
Members — House of Representatives — Senate — Quali¬ 
fications of Members — Officials of the Houses — Com¬ 
mittees— Quorum — How Laws are Made — The Veto 
— Lobbying — When Laws take Effect — Revised Stat¬ 
utes — Powers of the Legislature — Limitation upon 
Legislative Power — Initiative and Referendum. 

CHAPTER XI 

The State Executive.91 

Importance of the Executive — The Governor — The 
Lieutenant Governor — The Governor’s Legislative Pow¬ 
ers— The Judicial Powers of the Governor — The Gov¬ 
ernor’s Executive Powers — Other Executive Officials — 
Department of State — Military Department — Labor 
and Commerce — Control over Insurance and Other 
Corporations — Agriculture — Public Health and Safety 
— Miscellaneous Departments. 

CHAPTER XII 

Revenue and Expenditures.105 

Necessity of Revenue — Taxes — Amount paid by Each 
Taxpayer — Assessment of Property for Taxes — Rate 
of Taxation — Collection of Taxes — Taxes on Intoxicat¬ 
ing Liquors — Other Taxes — Special Assessments — 

Fees — Public Loans and Bonds — State and Local 
Treasurers — Appropriations — State Auditor — Rev¬ 
enue and Expenditures in Missouri. 

CHAPTER XIII 

Public Education.118 

Need of Public Education — Public Education in Missouri 
— Common School Districts — Consolidated School Dis¬ 
tricts— Town and City Districts — School Elections — 
Board of School Directors — School Term — Teachers’ 





8 


GOVERNMENT IN MISSOURI 


PAGE 

Certificates — Principals and City Superintendents — 
County Superintendent of Schools — State Superin¬ 
tendent of Public Schools — School Revenues — School 
Funds — State Appropriations for Public Schools — 
School District Taxation — Schools for Colored Children 
— Public High Schools — State Normal Schools — Uni¬ 
versity of Missouri — Miscellaneous. 


CHAPTER XIV 

Public Charity.130 

Necessity of Public Charity — Charity in Counties — 

State Charity — Institutions for Young Criminals — 
State Penitentiary — State Board of Charities and 
Corrections. 


CHAPTER XV 

The State Judiciary.134 

The Judicial Department of Government — Civil and 
Criminal Cases — Justice of the Peace — Circuit Court 
— Officials of the Circuit Court — Proceedings in Crimi¬ 
nal Cases — Civil Cases — Appeals — Courts of Appeals 
— The Supreme Court — Court of Impeachment. 


PART IV. THE NATIONAL GOVERNMENT 

CHAPTER XVI 

The Constitution of the United States .... 144 
Union among the Colonies — Articles of Confederation — 
Constitutional Convention of 1787 — Ratification of the 
Constitution — The National Constitution — Federal 
Government—Amendment of the Constitution. 

CHAPTER XVII 

The National Legislature.152 

The Congress — The House of Representatives — Congres¬ 
sional Districts — The Senate — Term of Senators — 
Vacancies in the Houses — Qualifications of Members — 




CONTENTS 


9 


Salary and Privileges of Members — Officials of the 
Houses. 

CHAPTER XVIII 

Proceedings in Congress .161 

Sessions of Congress — Rules of Order and Procedure — 

How Acts of Congress are Passed — The Committee 
System — Debate in Congress — The Speaker of the 
House — Influence of the President — Other Influences 
upon Legislation. 

CHAPTER XIX 

Principal Powers of Congress .168 

Enumerated Powers. I. Revenue and Expenditures: 
Kinds of National Taxes — Customs Duties — Internal 
Revenue Taxes—National Debt — Expenditures — Na¬ 
tional Receipts and Expenditures for 1914. — II. Mili¬ 
tary and Naval Affairs: War Powers — The Army 
— The Navy — Military Pensions. — III. Commerce: 
National Regulation — Foreign Commerce — Interstate 
Commerce — Weights and Measures. — IV. Money: 
Coins — Gold and Silver Certificates — Treasury Notes 
— United States Notes — National Bank and Federal 
Reserve Notes — Amount of Money in the United States. 

CHAPTER XX 

Powers of Congress (Postal System, etc.) .... 180 
The Postal Business — Mail Service — Money Orders and 
Postal Savings Banks — The Parcel Post — National 
Territories — District of Columbia — Reservations — 
Patents, Copyrights, and Trade Marks — Naturalization 
—Bankruptcy Legislation—Legislation regarding Crime 
— Legislation regarding Governmental Organization — 
Implied Powers — Restrictions upon Congress. 

CHAPTER XXI 

The President (Executive Organization and Powers) . 188 

Presidential Nominations — Presidential Election — Term 
of Office — Qualifications — Compensation — The Vice 


10 


CONTENTS 


PAGE 

President — Executive Powers — Power of Appointment 
and Removal — Civil Service and the Spoils System — 

Civil Service Reform — Control over Foreign Affairs — 
Military Powers — Powers over Legislation — Pardoning 
Power. 


CHAPTER XXII 

Executive Departments and the Cabinet .... 197 

The Executive Departments — The Cabinet — The De¬ 
partmental Organization — Department of State — 
Department of the Treasury — Department of War — 
Department of the Navy — Department of Justice 
— Post Office Department — Department of the Inte¬ 
rior — Department of Agriculture — Department of 
Commerce — Department of Labor — Independent 
Bureaus. 

CHAPTER XXIII 

The National Courts. 205 

The National Judicial Power — The District Courts — 

The Circuit Courts of Appeals — The Supreme Court — 
Special Courts — Appointment and Term of Judges 
— Compensation of Judges — Court Officers — Judicial 
Process — Court of Impeachment. 

Constitution of the United States. 213 


Index 


. 232 




GOVERNMENT IN MISSOURI 


PART I 

SOCIETY AND GOVERNMENT 
CHAPTER I 

INDIVIDUALS AND SOCIETY 

Nature of Society. — Individuals do not act or live 
separate from or independent of other persons. Every¬ 
where we find them living together in groups. A group 
of this kind is called a society. The members of a 
society act together for the purpose of securing certain 
ends or interests which they have in common. These 
common interests include the production of food and 
clothing, protection of life and property, religious, edu¬ 
cational, and similar matters. 

These associations of individuals have existed from 
the earliest periods of human history. Originally, how¬ 
ever, the social groups were small in size. The social 
instinct was not well developed, because men did not 
recognize that they had common interests. They were 
selfish and suspicious, and refused to associate or co¬ 
operate with any one except members of their family 
or tribe. Gradually, after long periods of time, and as 
11 


12 


GOVERNMENT IN MISSOURI 


a result of many causes, the social units expanded, until 
to-day a society may include many millions of men and 
women who have common interests and are acting to¬ 
gether for the general welfare. 

In many cases a member of a society may not know 
that his acts affect other persons in the group and that 
his interests are in turn influenced by the acts of others. 
When one eats a slice of bread one does not usually 
think of the grocer, baker, miller, and farmer who have 
all contributed to its production. Each of these per¬ 
sons has worked to produce the one result, and the act 
of each has influenced the acts of all the others. We 
have similar relationship to all persons who are engaged 
in any way in producing things which we eat or wear, 
to those who are protecting us or our property, and to 
those who contribute to our education or amusement. 

The Family Society. — Social groups differ in nature 
and extent. The smallest social unit is the family, con¬ 
sisting of father, mother, and children. Each member of 
the family depends in some degree upon every other mem¬ 
ber. The parents support the children, protect them 
from harm, attend to their education, and care for them 
in many other ways. These privileges which the chil¬ 
dren enjoy carry with them the duty of obedience. The 
parents, being older and wiser, know what is best for 
the children. 

The failure of a child to obey the parent may be bad 
not only for the child but also for the other members of 
the family group. Children have rights against one 
another, and one child cannot expect his own rights 


INDIVIDUALS AND SOCIETY 


13 


to be respected unless he respects the equal rights of 
others. If one child injures the toys or books of another, 
he encourages others to act in the same way towards 
him. If each member of the family acted without regard 
to the others, conflicts would arise and the unity of the 
family would be destroyed. The common interests of 
the family would suffer, and as a result the welfare of 
the individual member would be affected. The ideal 
family is that in which each member understands that 
he cannot enjoy his own rights unless he respects the 
rights of other members. 

The School Society. — The school is a larger social 
unit than the family, and exists for a special purpose, 
—education. Here again, however, we see the depend¬ 
ence of the members upon one another. The teacher 
and the pupil have a common purpose, but if they do 
not act in harmony, the result will be of little value. 
The situation is the same as in a shoe factory. If the 
men who are to fasten the heels do their work poorly, the 
finished shoe will not be perfect, though all the other 
workers do their duty. The neglect of work by one 
pupil affects not only his own education but the gen- 
< eral work of the school. He needs more of the time 
of the teacher and thus delays the work of the class. 

The common interests of the school society appear 
also upon the playground and in the school clubs. If 
one member of a ball club or debating society fails to 
do his part, he weakens his team. A member of an 
athletic team who breaks training by smoking or other¬ 
wise, is guilty not only of deceiving his fellow members 


14 


GOVERNMENT IN MISSOURI 


but of weakening the entire organization. As in 
the family, each member of the school must recognize 
the rights of others and act so as to promote the 
common interests of the school. 

The Political Society. — The farm, mine, railroad, 
and church are other examples of social groups. The 
largest division of society, however, is the state , or polit¬ 
ical society. The family, school, and other societies 
attend to most of the things which arise within their 
respective groups. Certain matters, however, extend 
beyond these smaller divisions and can best be attended 
to by a larger social group. An example of this kind 
is the post office. A school or factory could arrange 
for delivering letters to the members of its group, but a 
larger unit must attend to such matters between mem¬ 
bers of two or more groups which may be far apart. 
Again, a family group on a farm or in a small town can 
provide itself with good water from a well or cistern. In 
a city this cannot be done, as the water cannot be kept 
free from impurities. Hence a larger social unit must 
provide a central supply of pure water and distribute 
it to the different families. The matter of lighting is 
another example, as a large plant can furnish better and 
cheaper light than could be provided by a single family. 

Another cause for the existence of political society is 
the fact that serious disputes arise between members of 
a smaller group. It is best if such differences can be 
settled within the family, factory, or other social group 
concerned. In some cases this cannot be done, and the 
dispute would lead to conflict and injustice if there 


INDIVIDUALS AND SOCIETY 


15 


were no way to settle the difficulty. Members of dif¬ 
ferent groups may also disagree with each other. If 
they cannot settle the question it must be left to the 
decision of a larger society, — the state. 

Some members of a society who do not respect the 
rights of other members take their property and injure 
them in other ways. Such acts detract from the com¬ 
mon social welfare, and if not prevented, would destroy 
the social group. Political society prevents such acts 
by furnishing protection to persons and property, and 
by punishing persons who do not respect the rights of 
others. As each member of society has an interest 
in the general welfare of all, a person injures himself 
when he violates the rights of other members, and thus 
weakens the common interest. Hence punishment 
by the state should be of such a nature as to show the 
guilty person that his acts injure him, and to teach 
him that his true interest is in the general welfare of 
society. 


Suggestive Questions 

What is a society ? How do the members of a social group act ? 

Why were social groups small in early times? Why are they 
large to-day ? Show how the farmer, miller, and baker are mem¬ 
bers of the same social group. Is a shoe factory a society ? Name 
some societies which are not mentioned in this book. 

What makes the family a society? What does a child receive 
from his family ? What must the child do for the family ? Why 
is obedience best for the child ? 

Who are the members of the school society? Why is it neces¬ 
sary that they shall act together? Show how the acts of a mem¬ 
ber of a school club may affect the other members. 

Give some reasons why political society is necessary. 
govt. mo. — 2 


CHAPTER II 


GOVERNMENT 

Need of Government. — It has been shown that 
every individual is a member of some society, and that 
his acts influence and are influenced by the acts of other 
individuals. If all persons had the same ideas and 
motives, their acts would be for the same end, — the 
common welfare of all. Individuals, however, differ 
widely in these matters. In order to prevent disputes 
and to secure order, it becomes necessary to have some 
rules regarding the acts of the different members of 
society. In every society these rules are created by a 
body or organization which we call the government. 
It is not sufficient to have rules. They must be ob¬ 
served. Hence it becomes the business of the govern¬ 
ment to see that its rules are carried out and are not 
violated. 

Family Government. — In the family the parents 
as the wisest members make up the government. 
They decide upon the privileges of the children and 
make the rules which are necessary to protect such 
rights and to secure order in the family. As children 
become older their wishes are considered, and by helping 
to make rules they become part of the family govern¬ 
ment. In the true family, it is not necessary for the 
16 


GOVERNMENT 


17 


government (the parents) to enforce the rules, as the 
children see that obedience is really for their own bene¬ 
fit. If a child refuses to obey the government of the 
family, the family must impose punishment. If one 
may disobey, all may do the same, and disorder would 
arise within the family. Punishment by the family 
government is intended to make the child see that 
obedience to the family rules is for his own welfare. 

School Government. — Government in the school 
exists also for the purpose of preventing disputes and 
protecting the rights of its members. The rules of 
the school are created for this purpose. Education 
is for the benefit of the pupils, and they have more 
interest than the teacher in the observance of the rules. 
On the playground and in school societies, the pupils 
are usually the government, and make and enforce 
their own rules. In some schools the pupils help in the 
government of the classroom, as they see that the rules 
are for their own benefit. 

Political Government. — Government of some kind 
is needed on the farm, in the factory, church, and other 
social groups. The state as a political society has its 
government and its rules. These rules are called laws, 
and are intended to secure peace and order in the state. 
That part of the government which makes laws is 
called the legislative department. 

As in the family and school, these rules are for the 
general benefit of individuals, and are observed by them 
on that account. As some persons do not know what 
is for their best interest, they may fail to observe the 


18 


GOVERNMENT IN MISSOURI 


laws of the state. Hence the government must pro¬ 
vide means for the enforcement of the laws. The 
executive department of the government looks after 
such enforcement of the laws. 

In many cases persons will disagree regarding the 
meaning of a law. Disputes will also arise as to whether 
a particular act of an individual has violated the law. 
The government must decide such disputes by furnish¬ 
ing a method of interpreting the laws; that is, declaring 
their meaning. This is attended to by the judicial 
department of the government, which interprets the 
law and decides disputes. 

Classes of Government. — In a very small political 
society there is need of only one government, which 
can attend to everything. To-day states are usually 
very large, and it is necessary to have different classes 
of government. The United States governs about 
3,750,000 square miles of territory and more than 
100,000,000 people. It would be impossible and un¬ 
desirable to have one government attend to all the laws 
for this vast country, as it could not know the needs 
and interests of the people in the different sections. 
Hence there are many governments, each attending 
to certain matters within a given territory. All these 
different governments may be grouped under the classes 
of local , state, 1 and national governments. 

x Up to this point the word state has been used in the broad sense, mean¬ 
ing a country or nation organized as a body politic. Here and in the re¬ 
mainder of the chapter it is used in the narrower sense, meaning one of the 
divisions of our country commonly known as states, but possessing only part 
of the powers of a state in the broader sense. 


GOVERNMENT 


19 


Local Government. — The local governments are 
the smallest divisions of government, and are closest 
to the people. They look after matters affecting 
peace and order, local taxation, roads and streets, 
relief of the poor, public schools, public health, elections, 
etc. Local governments are of different sizes and kinds. 
The territory of the state is divided into counties, 
townships, cities, villages, and school districts, for each 
of which a local government is provided . 1 

State Government. — Most of the rules or laws which 
are enforced by the local governments are made by the 
state government, which assists the local governments 
in much of their work. The government of the state 
does many things also which cannot be attended to 
by local governments. It supports a university and 
normal schools, hospitals for the insane, schools for the 
blind and deaf, a penitentiary, and reform schools for 
boys and girls. 

The state regulates and supervises banks, building 
and loan associations, and insurance companies, and 
promotes the interests of labor and agriculture in the 
state . 2 

National Government. — The national government 
attends to matters which affect more than one state. 
It has charge of relations with foreign countries, controls 
commerce among the states, supports an army and navy, 
and a postal system, controls the national territories, 


1 See Chapters V, VI, and VII for a full account of local governments. 

2 A full account of the work of the state government will be found in 
Chapters VIII-XV. 


20 


GOVERNMENT IN MISSOURI 


public lands, and Indian tribes. It also assists the 
states in promoting the interests of education, labor, 
agriculture, etc . 1 


Suggestive Questions 

Why is government necessary ? 

Who make up the government of the family? What may be 
done by this government? Show how children may have a share 
in the government of the family. What is the object of punish¬ 
ment in the family? 

For what purpose does school government exist? What in¬ 
terest has a pupil in obeying the rules of the school ? How may 
the pupils take part in school government ? 

What are laws? What department of government makes the 
laws? 

What is done by the executive department? What is the ju¬ 
dicial department ? 

Why must we have different classes of government ? 

Name some of the things attended to by the local governments. 
Why do they have control over such matters ? 

What are the important things done by the state governments ? 
Why does the state support a university and normal schools ? 

Name some of the activities of the national government. Why 
does the national government attend to the postal system ? Why 
does it attend to foreign relations ? 

1 A full account of the activities of the national government will be found 
in Chapters XVI-XXIII. 


CHAPTER III 


CITIZENSHIP 

Citizens and Aliens. — The persons who live within 
a country fall into two classes, — citizens and aliens ., 
A citizen is one who is recognized as a member of the 
state or nation. As such, he has certain rights and 
duties which do not belong to persons who are not citi¬ 
zens. An alien is a citizen of one country who is living 
in another. In the latter country he has certain duties, 
but he is not given the full rights of a citizen. 

Naturalization. — Citizens are of two classes, — na¬ 
tive-born and naturalized. A person born in the United 
States is a native-born citizen of this country. Natural¬ 
ization is a process provided by a law of Congress for 
changing an alien into a naturalized citizen. In order 
to be naturalized, an alien must have resided within the 
United States at least five years. His intention to 
become a citizen must have been declared at least two 
years and not more than seven years before he is natural¬ 
ized. The naturalization is granted by a judge, who 
must require the alien to give up all allegiance to any 
foreign country and to take an oath to support the 
constitution and government of the United States. 

Rights of the Citizen. —A right is the power or capac¬ 
ity to do a certain thing. Rights may be divided into 
two classes, — civil and political rights. Civil rights 
21 


22 


GOVERNMENT IN MISSOURI. 


are those which affect an individual in his person or 
property. Political rights include the privilege of 
sharing in the government. Civil rights are given to 
aliens as well as citizens. Political rights as a rule 
exist only for citizens of full age. These will be con¬ 
sidered in the next chapter. 

Personal Rights. — The most important civil rights 
are those which affect one’s person. They include the 
right to life and liberty and the protection against 
injury to one’s person or reputation. Freedom of 
religion and freedom of speech are important personal 
rights. The police furnish protection against physical 
force. The government also protects the health of its 
citizens, and punishes persons who spread false state¬ 
ments regarding any one. 

When a person has committed a crime, the government 
may deprive him of his liberty and, in extreme cases, 
of his life. In order to prevent oppression and secure 
justice, the government is required to follow a regular 
procedure in the arrest, imprisonment, trial, and pun¬ 
ishment of the accused person. These requirements 
will be discussed in Chapter XV. 

j 

[ Property Rights. — Property rights include the right 
to acquire, use, and transfer property, and to make 
contracts. The government protects a person against 
violation of his property rights by any individual. 
These rights are also protected against the government. 
The power of eminent domain gives the government the 
right to take the property of an individual when it is 
needed for public purposes, such as a courthouse, post 


CITIZENSHIP 


23 


office, or a railroad ; but. in all cases the owner must 
be given a just price for his property . 1 

Duties of the Citizen. — We have seen that in the 
famity, school, and the social groups the rights which a 
person enjoys carry with them corresponding duties 
which he owes to the other members of the group. The 
same is true of the state and nation. Some citizens 
do not recognize this fact. While they are quick to 
claim their rights they fail in meeting their duties. 
This tends to weaken the government and thus to 
weaken the rights which depend upon the government 
for enforcement. 

Obedience. — The chief duty of a citizen is to obey 
the laws. The government cannot enforce the laws 
without the help of its citizens. A man may think a 
law is bad. In such case he should try to have the law 
changed. But until changed, it should be obeyed. 
If every person refused to obey a law of which he did 
not approve, the enforcement of all laws would be 
weakened. We must obey a bad law in order that good 
laws may be enforced. 

Service. — A citizen owes the duty of service to the 
state. This includes the duty of paying taxes, voting 
if he has the right to vote; also of jury service and office 
holding, in many cases, and, in case of necessity, mili¬ 
tary service. The government cannot do its work 
without the help of its citizens. A particular service 
may be inconvenient or disagreeable ; but the citizen 

1 For limitations upon the government’s power of taxation, see Chapters 
XII, XIX. 


24 


GOVERNMENT IN MISSOURI 


cannot hope to have his own rights protected by the 
government unless he is willing to help it protect the 
rights of others. 

Patriotism. — A citizen should be patriotic; that is, 
devoted to the interests of his state and nation. One who 
is patriotic must do more than merely obey the laws 
and render service to the government. He must con¬ 
cern himself with everything that affects its interests. 
He must study public questions in order that he may 
vote intelligently. He must attack every evil which 
threatens the state, whether this comes from foreign 
foes or internal corruption. He must promote every 
movement which will be of benefit to the state or any 
of its interests. The individual who acts for charity, 
education, or social improvement of any kind is no 
less a patriotic citizen than one who renders military 
service. 

Suggestive Questions 

Who are citizens ? Who are aliens ? 

How may aliens become citizens ? Is it a good plan for aliens 
to become citizens ? Why ? 

Name some of the personal rights of an individual. Does an 
alien possess these personal rights ? 

How does the government protect one’s right to life? How 
may one lose his right to liberty ? 

Give examples of property rights. How are these protected? 
May the government take the property of an individual? What 
must be done in such cases ? 

Name the most important duties of a citizen. Why does a 
citizen owe the duty of obedience? 

Name some of the services which a citizen owes to the state. 
What does the duty of patriotism require of the citizen ? 


CHAPTER IV 


SUFFRAGE AND ELECTIONS 

Political Rights. — We have seen in the preceding 
chapter that political rights entitle one to share in the 
government. The principal political rights, which are 
duties as well, are the right of voting, or suffrage , and 
the right to hold office. 

Public Officials. — Officials are persons who represent 
the people in carrying on the government. In some 
cases the people vote directly in making laws. In most 
cases, as this would be impossible, laws are made and 
enforced by officials chosen for this purpose. 

Officials are chosen either by election, that is by the 
voters, or by appointment, in which case they are 
selected by superior officials. At first all officials except 
the chief executive and the members of the legislature 
were appointed, and this remains the rule in the national 
government. In the states and local governments, 
however, most of the important officials, executive and 
judicial as well as legislative, are elected. 

Suffrage. — The character of the government will 
depend upon the voters. In order to have good gov¬ 
ernment, it is necessary to provide certain tests or 
qualifications for the suffrage. In the United States 
the right to vote is fixed by each state. Most of the 
25 


26 


GOVERNMENT IN MISSOURI 


states agree in requiring certain qualifications. The 
voter should be old enough to be able to vote intelli¬ 
gently. Hence all voters are required to be at least 
twenty-one years of age. 

As no one but a citizen should have the power to 
influence the government, aliens are not usually given 
the right of suffrage. However, an alien who has 
declared his intention to become a citizen may vote 
in Missouri, and in some other states . 1 

A voter should have a personal interest in the com¬ 
munity and a knowledge of its needs. These can be 
gained by residence. In Missouri, in order to vote, 
a person must have lived in the state one year and in 
the county or city at least sixty days preceding the 
election. 

Until recently women did not have the right to vote 
in Missouri and in most of the other states. A strong 
movement arose for woman suffrage which was finally 
successful in securing the adoption of the Nineteenth 
Amendment to the Constitution of the United States, 
giving women the same right to vote as men. 

In our early history no one could vote unless he owned 
property or paid taxes. This rule still exists in some 
states, where it is believed to be a good test of the fit¬ 
ness of the voter. While an ignorant person cannot 
make a good voter, most states, including Missouri, 
permit such persons to vote. In only a few states 
must a voter be able to read or write his name. 

1 In November, 1922, the people of Missouri vote on an amendment to 
the constitution which proposes to take away this right from aliens. 


SUFFRAGE AND ELECTIONS 


27 


In Missouri and most other states the right to vote 
is denied to persons kept in public poorhouses, asylums, 
or prisons. 

Registration. — In order to prevent persons who are 
not qualified from voting, it is usually provided that the 
voter must have his name placed upon a registration 
list. No one is permitted to vote at any election unless 
his name appears upon this list. In Missouri registra¬ 
tion of voters is not required except in the five largest 
cities and in Jackson County. 

Nominations. — The laws permit a person to vote for 
any one for a public office. As a matter of fact, how¬ 
ever, the voter makes his choice among several persons 
called candidates who desire to hold public office 
and have been nominated; that is, named, or selected, 
by the political parties. In order to select candidates, 
the political parties hold party conventions or 'primaries. 
A party convention consists of delegates chosen by the 
voters of the party. This convention nominates the 
party candidates. This is the method of nominating 
the President and Vice President, and was formerly 
used for the nomination of local and state officials. 
In Missouri and many other states, however, the law 
now requires the nomination of candidates by a party 
primary. In the primary the voters of a party vote 
directly for the candidates, the person receiving the 
highest number of votes being declared the party 
nominee , or candidate for the office. Until recently 
the primary was under the control of the political 
party, which fixed the date and attended to all other 


28 


GOVERNMENT IN MISSOURI 


matters connected with it. This control by the party 
led to bad results in some cases, and it has been changed 
in Missouri and many other states, so that all primaries 
are now held under government control in much the 
same way as regular elections. In Missouri, the 
primaries of all parties for the nomination of county, 
district, and state officials are held on the first Tuesday 
of August before a general state election. 

Elections. — Elections for the choice of county, state, 
and national officials are held every even-numbered 
year on the Tuesday after the first Monday in Novem¬ 
ber. Elections for city and school officials are held 
on the first Tuesday in April in each year . 1 The 
difference in the dates is due to the desire to keep state 
and national party politics out of city and school elec¬ 
tions, where they should not appear. The places at 
which persons vote are called polling places. Officials 
called judges and clerks are appointed for each election 
to receive and count the ballots. A ballot is a piece 
of paper upon which are printed the names of all can¬ 
didates nominated by a political party. The ballots 
used in county, state, and national elections are printed 
by the county clerks of the different counties, who 
furnish a sufficient supply to the officials at each polling 
place. Secrecy is necessary, so that the voter may be 
free to vote for whom he desires. Hence the voter 
is given the ballots of all the parties and may go into 
a private booth to make his choice. If he wishes to 

1 In St. Louis, Kansas City, St. Joseph, and cities with commission govern¬ 
ment, city elections are held once in every two years. 


SUFFRAGE AND ELECTIONS 


29 


vote for all the candidates of one party, he hands the 
ballot of that party to the receiving judge. He may, 
however, strike out the name of any candidate and write 
in another name. 

The election takes place as a rule between the hours 
of six in the morning and seven in the evening. At the 
close of the election the votes are counted by the judges 
and clerks, who make an official list of the number of 
votes cast for each candidate. The results from the 
different polling places are canvassed , that is, are added 
together, and the candidate receiving the highest 
number of votes for an office is declared elected. The 
canvass of the votes is made by the city clerk in city 
elections and the county clerk in county elections. In 
the case of state and national offices each county 
clerk sends the total vote of his county to the secretary 
of state, who finds the total for all counties and an¬ 
nounces the result. 

Suggestive Questions 

What are political rights? Name the most important political 
rights. 

What is a public official? Why are officials necessary? In 
* what different ways are they chosen? Which plan is generally 
used in the national government? Which in the state and local 
governments ? 

Give the name of one appointed official and one elected official 
in your city; in your county; in the state; in the national gov¬ 
ernment. 

Who has the right to vote in Missouri? Why is there an age 
requirement for voters? What is the reason for a residence re¬ 
quirement? 


30 


GOVERNMENT IN MISSOURI 


Should an alien have the right to vote ? Should a woman have 
the right to vote ? • Should a voter be able to read and write ? 

What is registration? Why is it necessary? Is it required in 
your city or county? 

What is a nomination ? Explain the different methods of mak¬ 
ing nominations. How are state and county officials nominated in 
Missouri ? 

When are county, state, and national elections held in Missouri ? 
When are city and school elections held? Why are elections held 
on different dates ? 

What is a ballot ? How are ballots prepared ? 

Describe the manner of voting. Why is it secret ? 

How are the votes counted? How is the result of an election 
determined ? 


PART II 

LOCAL GOVERNMENT 


CHAPTER V 
THE COUNTY 

Nature and Kinds of Local Government. — Local 

government is separated from state government in 
order that the people of local communities may have 
a more direct control over certain matters. If the state 
government attended to everything, the same laws and 
policies would be adopted for all sections of the state, 
though the interests of such sections would be quite 
different in some cases. With distinct local govern¬ 
ment, the people of each community have the right in 
certain matters to adopt their own plans and carry 
them out through officials elected by themselves. If 
the matter is one which is of general interest to the entire 
state, the action of the local officials should be subject 
to the control of some state officials. 

In providing for local government, it has been found 
desirable to create several classes of units, differing in 
size, population, and purpose. Missouri is divided into 
counties, townships, school districts, cities, towns, and 
villages. 

GOVT. mo. — 3 31 


32 


GOVERNMENT IN MISSOURI 


The Origin of the County. — The largest division of 
local government is the county. Its origin can be traced 
back to England, from which most of our forms of 
government have come. England is divided into a 
number of counties, in each of which there is a govern¬ 
ment to attend to matters of special interest to the 
people of the county. When the English established 
colonies in America, this county government was 
brought into Virginia and other colonies. It was later 
carried into the western territories, and obtains to-day 
in most of the American states. 

The County in Missouri. — When the territory of 
Missouri was first organized, only five counties were 
created. These were large in area but small in popula¬ 
tion. As the population increased and the country 
became more thickly settled, these counties were divided 
and subdivided. When Missouri became a state in 
1821 there were 15 counties. To-day there are 114 
counties besides the city of St. Louis, which is not 
included in any county but is treated as one. These 
counties vary in size from Worth county, with 270 
square miles, to Texas county, which contains 1145 
square miles. The average area of Missouri counties 
is about 600 square miles. The boundaries of counties 
were fixed by the state legislature, but they cannot be 
changed without the consent of a majority of the voters 
of all the counties affected by the proposed change. 

Some place in each county is selected as the county 
seat , or headquarters of the government of the county. 
At the county seat are located the courthouse, usually 


THE COUNTY 


33 


containing the offices of county officials, and the county 
jail for prisoners who are awaiting trial or who have 
been sentenced to imprisonment as a punishment for 
crime. As all the people of the county have business 
at the county seat, it should be located where it can 
be most easily reached by the greatest number of people. 
Its location cannot be changed except with the consent 
of two thirds of the voters of the county. 

County Officials. — In the early history of Missouri 
there was no need for many officials in a county, as each 
official could attend to a number of different matters. 
As the population of a county increased, its public 
business became greater and more officials became 
necessary, so that each could attend to a single class of 
duties. The legislature fixes the number and kinds of 
county officials, the way they shall be chosen, and their 
term of office. It also defines their powers and duties, 
and no county official can lawfully exercise any author¬ 
ity which has not been given to him. 

The county court is the chief county authority. The 
other county officials are the clerk of the county court, 
clerk of the circuit court, recorder of deeds, sheriff, 
coroner, prosecuting attorney, assessor, collector, treas¬ 
urer, surveyor, highway engineer, school superintend¬ 
ent, school textbook commission, judge of the probate 
court, and public administrator. In a few counties 
some additional officials are chosen. 1 In those counties 

1 In Buchanan and Jasper counties there is a county auditor, elected for a 
term of four years, who examines all claims against the county and keeps 
accounts of all county officials who receive or pay out money. In Jackson 
county there is a county marshal, elected for a term of four years. 


34 


GOVERNMENT IN MISSOURI 


which have adopted “ township organization ” there is 
no county assessor or collector. 1 

Election of Officials. — At first all county officials 
were appointed by the governor of the state. As the 
demand for local self-government grew, this plan was 
gradually changed to that of election by the people of 
the county. This is the general rule to-day. The 
governor still has the power of appointing most of the 
county officials in case of vacancies, but such appointees 
hold office only until the next county election. In some 
states those county officials who attend to matters for 
the state government, such as taxation, execution of the 
laws, etc., are subject to the control of the governor, 
who can remove them if they do not perform their 
duties. This is not the rule in Missouri, and as a 
result the laws of the state are not always enforced 
uniformly in all counties. 

Term of Office. — Until a few years ago most county 
officials held office for a term of two years. The short 
term made it possible for the people quickly to get rid 
of a poor or corrupt official. On the other hand, the 
term was too short for the official to give good service, 
as he could not make himself well enough acquainted 
with the duties of the office. As a result, the term was 
increased for different offices from time to time, until 
to-day all county officials hold for a term of four years 
except the prosecuting attorney and two members of the 
county court, who have two-year terms, and the county 
highway engineer, who holds office for only one year. 

1 For an account of township organization see page 46. 


THE COUNTY 


35 


Under the law certain officials cannot be reelected 
to succeed themselves, and in practice few county 
officials hold for more than two terms. This is due to 
the demand for “ rotation in office/’ which means that 
all persons should be given a chance to hold public 
office. The rule makes it impossible for a county to 
keep a good and efficient official long in office. 

Compensation. — The compensation, or pay, which 
a county official is to receive for his services, is fixed 
by the legislature, but varies with the wealth or popu¬ 
lation of the county and the nature of the office. Some 
offices take up all the time of the officials, while in others 
the officials need to act only at certain times. Two 
general methods of compensation are provided, — 
salaries and fees. A few officials receive an annual 
salary. In the case of the county treasurer this is fixed 
by the county court, while the salary of the county 
school superintendent varies with the population of the 
county. In the case of other officials the salary is a 
per diem; that is, a certain amount for each day of serv¬ 
ice. Thus, for example, each member of the county 
court is paid five dollars for each day’s attendance upon 
a meeting of that body. 

Most of the county officials are paid under the fee 
system or a combination of a small salary and fees. 1 
Such officials receive certain amounts called fees for 
many of their official acts, and keep such payments as 


1 The prosecuting attorney receives, in addition to his fees, an annual 
salary which varies according to the population of the county. In a few 
counties he receives a salary without fees. 


36 


GOVERNMENT IN MISSOURI 


compensation for their services. At first the official 
kept all fees, and in some cases, where the business of 
the office became very great as a result of increase in 
population, the compensation of the official was much 
larger than in other counties. Hence the law now fixes 
the total amount of fees which can be kept by the official, 
and compels him to pay the surplus into the treasury 
of the county. 1 

Composition of the County Court. — The most im¬ 
portant public authority in the county is named the 
county court. It consists of three members, one of 
whom is called the presiding judge, and the other two, 
associate judges. The presiding judge is elected by the 
voters of the county for a term of four years. For 
the purpose of electing associate judges, the county is 
divided into two districts. The voters within each 
district elect one associate judge, who serves for a term 
of two years. This division of the county into districts 
is intended to prevent the election of all the judges 
from one part of the county. 

The county court is not, as one might suppose from 
its name and the names of its members, a judicial body. 
It has a few simple judicial matters to attend to, but 
most of its business is executive in character. It is not 
called upon to interpret the law or settle disputes. Its 
duty is rather to execute or carry out the provisions of 
laws made by the legislature of the state. It manages 
the affairs of the county in much the same way as the 

1 In Buchanan, Jackson, and Jasper counties most of the county officials 
receive an annual salary, and pay all their fees into the county treasury. 


I 


THE COUNTY 37 

school board attends to the business affairs of the school 
district. In many states such a body is known as a 
board of county commissioners. It derives the name 
of a court in Missouri from the fact that when it was 
first created it acted as a probate court and attended 
to other judicial duties which to-day are performed by 
other bodies. 

Powers of the County Court. — The county court 
attends to the business affairs of the county. It author¬ 
izes expenditures for the county, and must provide 
taxes to raise money for the payment of bills. No 
account can be paid until it has been examined by the 
county court. If the bill is found to be correct, it is 
approved by the county court, and the county clerk 
then issues an order for the amount which shall be 
paid by the county treasurer. 

The county court attends to the construction of the 
courthouse and all other county buildings, and has 
charge of them. It assists the poor persons of the 
county, and usually builds and maintains a county 
poorhouse or infirmary for their benefit. It attends to 
the investment of the county and other local school 
funds. 

The county court has important duties in connection 
with the roads and highways of the county (page 43). 
It provides for the opening of county roads and for the 
building of bridges across streams. The permission of 
the county court must be obtained by railroads, tele¬ 
graph and telephone companies, and the like, which 
wish to use the county roads in any manner. 


38 


GOVERNMENT IN MISSOURI 


The county court appoints minor officials and em¬ 
ployees of the county, has duties to perform in connec¬ 
tion with elections and the selection of men to serve 
on juries, exercises control over the acts of some of 
the county officials, and has a general superintendence 
over the affairs of the county. 

In a few of the larger counties the county court meets 
at least once in each month. In other counties a meet¬ 
ing must be held at least once in every three months, 
but the court may and usually does hold frequent 
special meetings. 1 

County Clerk. — The clerk of the county court, or, 
as he is usually called, the county clerk, is the secretary 
of the county court. He attends all of its meetings 
and keeps a record of its proceedings or official acts. 
Any one who wants to know of any action of the county 
court may get the desired information at the office of 
the county clerk. 

The county clerk has many other duties to perform. 
As we have seen, he prepares the ballots and attends 
to other matters in connection with primaries and 
elections (pages 28, 29). He also has duties in relation 
to the assessment and collection of taxes, issuance of 
licenses, division of the school money among the school 
districts, and other matters which have been assigned 
to him by the county court or the state legislature. 

Circuit Clerk and Recorder. — The clerk of the cir¬ 
cuit court, or, as he is usually called, the circuit clerk, 


1 Any one who has business to bring before the county court may come to 
its meeting and present the same or have it presented by the county clerk. 


THE COUNTY 


39 


is the secretary of the circuit court, which is held in each 
county of the state (page 137). He keeps an account of 
the trials which take place and the judgments which 
are made by the court. He issues all legal papers which 
are necessary to bring prisoners or witnesses before the 
court or to execute its judgments. 

The recorder of deeds keeps a record of all deeds, 
mortgages, and other documents having to do with the 
title or ownership of property. His books and other 
records are usually kept in a fireproof vault, and are open 
to the public. Any one who wishes to buy real estate 
can find from these records whether the person who 
wishes to sell it owns or has a good title to the property. 
It is the duty also of the recorder to issue and keep a 
record of all marriage licenses. The law does not 
permit any one to perform a marriage ceremony unless 
a marriage license has been secured. The license will 
not be issued without the consent of a parent or 
guardian except where the persons to be married are 
of age; that is, eighteen years in the case of the woman 
and twenty-one in the case of the man. 

When Missouri became a state, the circuit clerk was 
also recorder. As the business of the two offices in¬ 
creased, the law permitted the county court to provide 
for the separation of the two offices. They cannot be 
separated in counties containing a population of less 
than 10,000. In fact they are united in only a few of 
the counties of the state. 

Sheriff. — The office of sheriff is one of the oldest 
county offices, going back one thousand years in English 


40 


GOVERNMENT IN MISSOURI 


history, when the sheriff was more important than all 
the other officials of the county. While his power is 
not so great to-day, he is still more important than 
any other single county official. 

It is the duty of the sheriff to keep peace and order 
in the county and to arrest, that is, take in charge and 
place in the county jail if necessary, all offenders or 
persons who are charged with the violation of a law. 
The sheriff appoints several deputy sheriffs to assist 
him in his duties, and has the right to call upon any 
one to help him in preserving the peace. 

The sheriff has important duties to perform in con¬ 
nection with the circuit court and other courts of the 
county (page 137). He notifies jurors, witnesses, and 
other persons whose attendance in court is required; 
preserves order in the court room, and executes, or 
carries out, the orders, decrees, and judgments of the 
court. He has charge of the county jail and prisoners. 

Coroner. — In early days in England the office of 
coroner was closely related to that of the sheriff. A 
trace of this relationship is to be found to-day in the 
fact that the coroner must act as sheriff when for any 
reason the sheriff cannot perform his duties. The chief 
duty of the coroner is that of inquiring into cases of 
sudden death which are or may have been caused by 
another person. In such cases the coroner calls together 
six men to act as a coroner’s jury and investigate the 
death. If they find that a crime has been committed 
and indicate the criminal, the coroner takes steps to 
secure the arrest of such person. 


THE COUNTY 


41 


Prosecuting Attorney. — When it is claimed that 
a person has committed a crime, a trial is held to deter¬ 
mine his guilt or innocence. He has an attorney who 
seeks to prove that he is innocent. The prosecuting 
attorney is an official who represents the state in such 
a trial. If he believes the person is guilty, he tries in 
every way to prove it and have him convicted and pun¬ 
ished. 1 The enforcement of the laws of the state in 
any county will depend largely upon the ability and 
character of the prosecuting attorney. If he is active 
and impartial in performing his duties, law and order 
will be observed. If, on the other hand, he neglects 
his duty or fails to prosecute offenders on account of 
friendship, or for political or other reasons, illegal acts 
will become common and the law will be held in con¬ 
tempt. In the city of St. Louis the prosecuting at¬ 
torney attends only to the minor criminal cases. The 
more important matters are left to an official known as 
the circuit attorney. 

The prosecuting attorney is also the legal adviser 
of the county court and other county officials, and acts 
as the attorney of the county in civil suits before the 
courts. In counties having a population of more 
than 75,000 a special cpunty counselor may be appointed 
for such purposes. 

Assessor, Collector, and Treasurer. — The county 
assessor and county collector have to do with taxation 
for local and state purposes. Their powers and duties 
will be considered in Chapter XII, dealing with Rev- 


1 For the proceedings in a criminal trial see Chapter XV. 


42 


GOVERNMENT IN MISSOURI 


enue and Expenditures. The treasurer receives all 
money due to the county from the county collector 
and other sources. It is his duty to keep the money 
and to pay it out as ordered by the county court. For 
every payment which he makes he must have a warrant, 
or order signed by the proper officials of the county 
court. The county clerk keeps a record of all moneys 
received as well as those ordered paid out, and in this 
way a check is kept upon the acts of the treasurer. 
In order to insure the safe keeping of the money of 
the county the treasurer is required to have a number 
of persons give a bond, or.an agreement to pay the 
county for any loss due to the failure of the treasurer 
to perform his duties. In former years the treasurer 
was allowed to put the county’s money in banks and 
receive interest for its use. Under the law at present 
the money is deposited in the bank or banks which agree 
to pay the highest interest for its use, and the interest 
money goes into the county treasury. 

Surveyor. — If any person is uncertain about the 
exact boundaries of his farm or city lot, or if two persons 
have a dispute over a boundary, the county surveyor 
will make a survey which will be official legal evidence 
of the correct boundaries. He makes similar surveys 
when directed by the county court. In counties which 
do not have a county highway engineer, the county 
surveyor performs the duties of that office regarding 
county roads, bridges, etc. 

Highway Engineer. — The office of county highway 
engineer is a new one which was created in order to 


THE COUNTY 


43 


secure better roads. The engineer is appointed by the 
county court for a term of one year, and must have a 
knowledge of road and bridge building. The county 
court divides the county into road districts and appoints 
a road overseer for each district for a term of one year. 
The road overseer keeps the roads in repair and attends 
to the building and repair of bridges and culverts in his 
district. Under the old system the road overseers had 
practically full power, and as most of them had little 
if any knowledge of road building, the results were bad. 
Now they act under the direction of the county high¬ 
way engineer, who is able to plan and carry out a sys¬ 
tem of good roads for the whole county. 

In Buchanan, Jackson, and St. Louis counties, the 
county surveyor is also county highway engineer. This 
may be the case in any county if the surveyor is quali¬ 
fied and the county court appoints him to the other 
office. The law permits a county to abolish the office 
of county highway engineer if a majority of the voters 
wish this done. In such case the county surveyor acts 
as county highway engineer, with such powers over the 
roads as the county court may give him. Certain ter¬ 
ritory in the county may be organized into special road 
districts. Such districts are under the control of a board 
of commissioners. Revenue for road improvement in 
special road districts is secured by taxation, loans, 
special assessments, etc. 

School Superintendent and Textbook Commission.— 

The school superintendent and school textbook com¬ 
mission have duties in connection with the public schools 


44 


GOVERNMENT IN MISSOURI 


of the county. Their acts will be discussed in Chapter 
XIII, dealing with the system of public education in 
Missouri. 

Probate Judge and Public Administrator. — The pro¬ 
bate judge and public administrator have duties in 
connection with the property of persons who have died. 
The law permits a person to make a will, or written 
statement indicating the persons to whom his property 
shall go after his death, and appointing an executor; 
that is, some person to carry out his wishes. If one 
dies without having made a will, the law provides for 
the transfer of his property to his relatives. In such 
case there is appointed an administrator, who is a 
person to have charge of the property until it is trans¬ 
ferred to the relatives. The probate judge appoints 
administrators and controls their acts and accounts 
as well as those of executors. He decides all disputes 
which arise regarding wills or the right to the property 
of deceased persons. In appointing administrators 
the probate judge must select relations of the deceased 
person. If there are no relations or they are not 
willing to serve, the public administrator will take 
charge of the property. 

In addition to these duties, the probate judge appoints 
guardians; that is, persons to have charge of the affairs 
of minors, or children under full age, who were left with¬ 
out protection. He does the same for insane and other 
persons who are unable to manage their own property. 
Guardians act under the control and orders of the 
probate judge. 


THE COUNTY 


45 


Suggestive Questions 

Why is it important to have local government? Name the 
different kinds of local government. 

Where did the county have its origin? Give the number of 
counties in Missouri in 1821; the number to-day. 

What is the average size of a Missouri county? What is the 
size of the county in which you live ? What is its population ? 

How were county boundaries determined? How may they be 
changed ? 

What is a county seat? Name the county seat of your county. 
Is it well located ? 

How are most of the county officials chosen ? What change has 
taken place in the terms of most county officials ? Why ? 

What different methods are provided for paying county offi¬ 
cials? Which is the better method? 

Make a list of the officials of your county, and give their terms 
and compensation. 

Who compose the county court, and how are they chosen? 
Name the principal powers of the county court. 

Explain the principal duties of each of the county officials. 

Are the offices of circuit clerk and recorder combined in your 
county ? 

What control is kept over the county treasurer ? 

In what bank or banks is the money of your county deposited ? 
What is the rate of interest paid on such deposits ? 

Are the offices of surveyor and highway engineer combined in 
your county? Do you have good roads? How are they im¬ 
proved ? 


CHAPTER VI 


THE TOWNSHIP 

Nature of the Township. — We have seen that the 
average size of a Missouri county is about 600 square 
miles. This area is too large for certain purposes 
of local government. Many people live a great dis¬ 
tance from the county seat, and desire to have direct 
control over some matters. Hence the county is 
divided into a number of districts known as townships. 
Townships differ in kind and purpose. In Missouri 
we must distinguish among three classes, — the muni¬ 
cipal township , the incorporated township , and the con¬ 
gressional township. 

The Municipal Township. — The municipal township 
is an area of local government, but it does not have 
many matters to attend to. The voters of the town¬ 
ship elect at least two justices of the peace for a term of 
jfour years and a constable for a term of two years. 
These officials have duties in connection with peace 
and order and the administration of justice, which will 
be discussed in Chapter XV, dealing with the judicial 
department. The municipal township is also used as a 
subdivision of the county for elections and other pur¬ 
poses, but it has no matters of its own to attend to, nor 
does it possess any buildings or property of any kind. 

46 


THE TOWNSHIP 


47 


The county court divides the county into municipal 
townships, and may change their boundaries from time 
to time. 

The Incorporated Township. — The township has 
never been an important division of government in 
Missouri, and the municipal township is the kind which 
obtains in all but a few counties. In New England, 
on the other hand, the county is not of much importance, 
and most of the business of local government outside 
of the cities is attended to by townships. In the middle 
and northwestern states the county government is 
important, but some of its affairs have been turned over 
to the townships into which the county is divided. In 
Missouri, the law permits any county to adopt such a 
plan if a majority of the voters at any general election 
vote in its favor. This system is called township 
organization, and the townships so organized are known 
as incorporated townships. They have the right to 
hold property and make contracts. They are given 
powers in connection with roads and bridges and 
the assessment and collection of taxes. The county 
court cannot change the boundaries of incorporated 
I townships without the consent of two thirds of 
) the voters of the township affected by the proposed 
change. 

The incorporated township has more officials than 
the municipal township. In addition to the justices of 
the peace and constable, there are : a township trustee , 
who is also treasurer; a township hoard of directors 
consisting of the township trustee and two other mem- 

GOVT. MO.- 4 


48 


GOVERNMENT IN MISSOURI 


bers; a clerk , who is also assessor; and a collector. 1 All 
the township officials are elected for a term of two 
years. A county having township organization does 
not elect a county assessor or county collector, as their 
duties are performed by township officers. The town¬ 
ship board of directors has the same general power 
over township affairs as the county court has over the 
affairs of the county. For example, the township 
board divides the township into road districts and 
appoints the road overseer for each district. The 
township trustee and the other members of the board of 
directors each receive $1.50 for each day of service. The 
township clerk receives the same per diem , but is also 
given fees in some cases, while other township officials 
are paid entirely in fees. 

Township organization has never been popular in 
Missouri, and in 1916 it existed in only 21 out of the 
114 counties of the state. While it permits the people 
of a small district to attend to their own affairs, it is 
more expensive, and is unpopular on that account. 

The Congressional Township. — The congressional 
townships are not divisions of local government. They 
have no officials, nor have any political powers been 
given to them. They were created by Congress a 
few years after the Revolution. At that time the 
United States owned large amounts of public land west 
of the Allegheny mountains. It was the plan to sell 


1 The same person may be elected justice of the peace and member of 
the board of directors, and the same person may be elected constable and 
collector. 


THE TOWNSHIP 


49 


these lands so that they could be farmed. Before this 
could be done it was necessary to survey the lands; that 
is, adopt some method by which boundaries could be 
fixed and described, so that one would know what lands 
he bought. 

The plan adopted is illustrated by Plan I below. 
First a line, marked AB in the plan, was surveyed, or 


A 















14 














n 














13 




























12 




























11 




























10 




























9 




























8 




























7 




























6 




























5 




























4 




























3 




























2 















14 

13 

12 

11 

10 

9 

8 

7 

6 

5 

4 

3 

2 

1 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

w 














1 




























2 




























3 




























4 




























5 












C 
















6 




























7 




























8 




























9 




























10 




























11 




























12 




























13 




























14 
















B 


Plan I 

run, from a definite point north and south. This line 
was called a principal meridian. Another line, XY, 
which was run east and west at right angles to the princi¬ 
pal meridian, was called the base line . Other north and 

























































50 


GOVERNMENT IN MISSOURI 


south lines called range lines were run six miles apart 
on each side of the principal meridian, while east and 
west lines called township lines were run the same dis¬ 
tance apart on each side of the base line. In this way 
all the land was divided into districts six miles square. 
These squares, each containing 36 square miles, are 
called congressional townships. 

In Plan I the numbers on the principal meridian (AB) 
indicate the township lines, while those on the base 
line (XY) mark the range lines. Each of the squares 
represents a township. The location of a township 
is described by the position of its range and town¬ 
ship lines. For example, the township marked C in 
Plan I is township 5 south, range 12 east. Again, the 
main campus of the University of Missouri at Colum¬ 
bia is.located in township 48 north, range 13 west of 
the fifth principal meridian. This means that it is in 
a township whose township line is the forty-eighth 
north of the base line and whose range line is the thir¬ 
teenth west of the fifth principal meridian. As each 
township line represents a distance of six miles from the 
base line, the actual distance of the north line of this 
township from the base line is 48 times 6, or 288 
miles. In the same way the actual distance of the 
west line of this township from the fifth principal 
meridian is 13 times 6, or 78 miles. 

Each township was divided into 36 equal parts called 
sections. Hence a section contains one square mile, or 
640 acres. Each section is divided into four parts or 
quarter sections of 160 acres each. The sections in a 


THE TOWNSHIP 


51 


township were numbered from 1 to 36, as indicated in 
Plan II, which represents township 48 north, range 13 
west of the fifth principal me¬ 
ridian. The U on Plan II 
marks the position of the cam¬ 
pus of the University, which 
is in the northeast quarter of 
section thirteen. 

The relation between con¬ 
gressional townships and gov¬ 
ernmental townships is to be 
found in the fact that in some 
cases the governmental township, that is, a municipal 
or incorporated township, is given the same boundaries 
as a congressional township. This has not been done 
in many counties in Missouri, the governmental town¬ 
ship being generally larger than the congressional town¬ 
ship. While a congressional township may cross county 
boundaries, this does not occur in the case of muni¬ 
cipal or incorporated townships. 

The School District. — The school district as a divi¬ 
sion of local government will be considered in Chapter 
XIII, dealing with Public Education. 

Suggestive Questions 

Why is the county divided into townships? Who makes the 
division ? 

How many townships are in your county ? Name them. What 
is the average size of these townships ? 

What is the general difference between a municipal and an in¬ 
corporated township? 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

lu 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 


Plan II 













52 


GOVERNMENT IN MISSOURI 


Name the officials of a municipal township. How are they 
chosen, and for what term? Explain the chief duties of such 
officials. 

How may incorporated townships be provided in any county ? 
Do they exist in your county ? 

What powers are given to an incorporated township ? Give the 
names of its officials. Give the term and duties of each of such 
officials. 

What is the chief advantage of township organization? What 
is the chief objection to this system ? 

For what purpose was the congressional township created? 
State its size, and explain how it was created. 

Compare the size of congressional and municipal townships in 
your county. 

Explain the division of a congressional township into sections. 

Draw a map of the congressional township in which you live, 
showing the divisions into sections and quarter sections. 


CHAPTER VII 


CITIES, TOWNS, AND VILLAGES 

How Cities Arise. — If all of the people in a state 
lived upon farms, there would be no need of any kinds 
of local government except the county, township, and 
school district. These could furnish all necessary pro¬ 
tection for persons and property, and could attend 
to all other matters needing governmental control or 
assistance. This was the situation existing in the early 
history of all states. A change appears when people 
in a certain district begin to live close together instead 
of upon farms. 

The causes which bring about this change are various, 
but usually it is connected with business or manufactur¬ 
ing of some kind. A blacksmith shop may be located 
at a point where it will be convenient for farmers to 
have their horses shod and their wagons and farm 
machinery repaired. As many farmers come to this 
point, a merchant will open a grocery and dry goods 
store to get their trade. If it is in a wheat country, a 
flour mill will be built. Houses must be built as homes 
for the families of the men who are engaged in business 
and other activities. The carpenter, stonemason, brick¬ 
layer, and painter are now needed. A physician and a 
druggist will soon be attracted to the community. A 
public school and a church or churches will add to the 
53 



54 


GOVERNMENT IN MISSOURI 


settlement. If the settlement is located on a river, 
it may have a ferry and steamboat traffic, while a 
railroad will bring more people to the place. 

In this way the community will grow until it includes 
several hundred people. It is then known as a town 
or village. As the trade and factories of the village grow, 
its population increases, and it finally becomes known 
as a city. A city exists wherever a large number of 
people are living together in a small area. A town or 
village is simply a small city. 

City Government. — In a city the people live close 
together, so that they may get to the store, factory, 
school, or church without losing much time. When 
people live in this manner, their needs are different 
and more numerous than those which exist among a 
farming population. Disputes arise more easily under 
such conditions, and property is less safe. The sheriff 
and constable cannot be in the city at all times, and 
disorder would exist if other provisions were not made. 
Hence cities have a police force to keep peace and pro¬ 
tect persons and property at all times. If a farmhouse 
burns, the fire will not spread to other farms. In a 
city, where houses are close together, the danger from 
fire is much greater, and special fire protection must be 
provided. Much the same is true of public health. 
In the country districts a little care will protect one 
against contagious disease in his neighbor’s family. In 
the city, where people are in such close contact, this 
would not be possible without strict quarantine rules. 

While farming districts need good roads, the streets 


CITIES, TOWNS, AND VILLAGES 


55 


of a city must be paved and cleaned. Sidewalks must 
be provided. As water from private wells and cisterns 
becomes impure in cities, it is necessary to provide a 
pure and ample supply from other sources. Sewers, 
lighting, telephones, parks, hospitals, street railways, 
etc., are also needed. Some of these things can be 
provided only by the government, and as most of them 
require the use of the public streets, the consent of 
the government is necessary where they are carried 
on by private individuals or corporations. The town¬ 
ship or county is not organized so as to be able to attend 
to such matters. Hence a special government is created 
in each city, town, or village, to regulate its affairs. 
The establishment of city government does not remove 
the people of the city from the county government. 
They are a part of and subject to both governments. 
The city of St. Louis is an exception to this rule. It 
was taken out of the county of St. Louis in 1876. It is 
treated as a county for many purposes, and elects, 
in addition to city officials, most of the officials who 
exist in counties. 1 

Charter. — The people of a city or village cannot 
exercise the powers of city government until they have 
received permission to do so. As in the case of county 
government, these powers are granted by the state 
legislature. The grant of powers is called a charter, 
and a city or village which receives such a charter is 
said to be incorporated as a municipal corporation. 
The charter provides for the form of city government, 

1 See list of County Officers in the Official Manual of Missouri. 


56 


GOVERNMENT IN MISSOURI 


naming the officials and stating their powers and duties. 
In former years the people secured a charter by petition¬ 
ing the legislature, which passed a special act or charter 
for each city or village. As this led to differences in 
government among the cities and other evil results, the 
present state constitution prohibits the legislature from 
passing such special acts. The legislature now passes 
general laws or charters for cities, and a community 
can become incorporated as a city under such charter 
whenever a majority of its resident taxpayers present 
a petition for such incorporation to the county court. 

Classification of Cities, Towns, and Villages. — The 
needs of a town or village are not the same as those of 
a city, and the needs of a large city differ from those of 
a small city. Hence the legislature can classify cities 
according to their population and enact a general law 
or charter for each class. The law now provides for 
four classes of cities, as follows: first class, those con¬ 
taining more than 75,000 population; 1 second class, 
those containing 30,000 and less than 75,000 popula¬ 
tion ; 2 third class, those containing 3000 and less than 
30,000 population; 3 fourth class, those containing 
500 and less than 3000 population. 3 In order to 


1 St. Joseph is the only city with a charter of this class. Kansas City and 
St. Louis have special charters (page 57). 

2 In 1913, the legislature of Missouri adopted a new charter for cities of 
the second class which provides for the commission form of city government 
described on page 66. Joplin and Springfield are the only cities with the 
population required for cities of the second class. 

3 In 1920 there were 319 cities of which about one sixth were in the third 
class and the remainder in the fourth class. 


CITIES, TOWNS, AND VILLAGES 


57 


change from one class to another a city must have the 
necessary population, and the change must be approved 
by a majority of the voters at an election held for that 
purpose. 

The state constitution provides that St. Louis or 
any other city with more than 100,000 population may 
frame its own charter instead of using the charter 
provided by the legislature. St. Louis adopted a 
charter of this kind in 1876, and Kansas City in 1889. 1 
There is also a class of towns and villages which con¬ 
tain a population of less than 500. A community may 
become incorporated as a town or village whenever 
two thirds of the resident taxpayers present a petition 
for such incorporation and the county court considers 
that the petition is a reasonable one. 2 In addition 
there are a few cities and towns which remain incor¬ 
porated under special charters granted by the legisla¬ 
ture before this power was taken away from it. 

Departments of City Government. — While differ¬ 
ences in the needs of large and small cities require 
differences in their charters, the general form of govern¬ 
ment provided by these charters is much the same in all 
classes. The larger cities have more numerous officials, 
but, as in the small cities, these are divided into the 
three departments of city legislature, city executive, 
and city courts. 

The City Legislature. — The general policies of the 

1 In 1908 Kansas City adopted a new charter, and St. Louis revised its 
charter in 1914. 

2 In 1920 there were 388 towns and villages. 


58 


GOVERNMENT IN MISSOURI 


city are settled by its legislative department. Its 
acts or laws are called ordinances. They deal with a 
large number of matters which affect the people who 
live in a city, including rules of order, police and fire 
protection, building regulations, saloon and other 
licenses, public health, light and water supply, sewers, 
streets (including construction, repair, cleaning, and 
sprinkling), sidewalks, cemeteries, parks, and poor 
relief. City ordinances may grant to private companies 
the right to use the streets for water, light, telephones, 
street cars, or any other public purpose, and may regu¬ 
late the charges to be made by any such company for 
its services. The city legislature provides for a city 
hall in which its meetings are held and which contains 
offices for city officials, a jail, and other needful city 
buildings. It provides by ordinances for taxes neces¬ 
sary to meet the expenses of the city, and for borrowing 
money to construct buildings and other public improve¬ 
ments. In all cities ordinances must be approved by 
the mayor, who is the chief executive of the city. If 
the mayor does not approve an ordinance, he may veto, 
that is, forbid it, in which case it will not become a law 
unless passed over his veto by two thirds of the members 
of the city legislature. In some cases an ordinance 
before becoming a law must be approved by the voters. 
This is true of an ordinance for borrowing money, and 
in some cities of a grant of a franchise, or the right to 
use the streets for any purpose. 

The city legislature differs in form and name in dif¬ 
ferent classes of cities. In St. Louis it is known as 


CITIES, TOWNS, AND VILLAGES 


59 


the board of aldermen, and consists of one house. In 
Kansas City there are two houses, which are called the 
upper and lower houses of the common council. In all 
other Missouri cities the legislative body consists of 
only one house. It is known as the common council in 
cities of the first class; council in cities of the second 
and third classes; board of aldermen in cities of the 
fourth class; and board of trustees in towns and villages. 
It is customary, however, to speak of the city legisla¬ 
ture as the city council, regardless of its special name. 
The members of the city council (city legislature) are 
elected by the voters for terms which vary from one to 
four years, the longer terms obtaining in the larger 
cities. The city is usually divided into districts called 
wards, each of which elects one or more members of the 
legislative body. In Kansas City, where there are two 
houses, the members of the upper house are not chosen 
from wards, but are elected on a general ticket by the 
voters of the entire city. The same is true of the 
common council of St. Joseph and the board of aider- 
men of St. Louis, each of which consists of only one 
house. 

The Mayor. — The chief executive in all cities is a 
mayor, who is elected by the voters for a term which 
varies in different cities from two to four years. In 
towns and villages the chief executive is the chairman 
of the board of trustees, who is chosen by the board for 
a term of one year. The mayor attends to the general 
execution of city ordinances. He recommends matters 
to the city council and, as we have seen, has a veto over 


60 


GOVERNMENT IN MISSOURI 


its ordinances. The mayor has the power of appoint¬ 
ing some of the officials who attend to the affairs of 
the city, though in most cases his appointments must 
be approved by the city council, or, if there are two 
houses, by the upper house. In the larger cities, where 
the officials are more numerous and important, the 
mayor’s appointing power is greater. 

City Officials. — In addition to the mayor there are 
in all cities a number of officials who attend to the 
details in the affairs of the city. In most cities the 
following officials are elected for terms which vary 
from two to four years: assessor , 1 collector , 2 treasurer , 
attorney , 3 and marshal or chief of police . 4 The following 
officials are usually appointed by the mayor or council 
or by the mayor with the approval of the council : 
city clerk, fire chief, city engineer, street commissioner, 
park commissioner, and city physician or health officer. 
Inspectors of licenses, plumbing, buildings, etc., are 
appointed in the larger cities. Where a city owns its 
water works, light plant, etc., they are placed under the 
control of an appointive commissioner, superintendent, 
or board of public works or improvements. In cities 
whose income and expenses are very large there are an 

1 In Kansas City and St. Joseph the assessor is appointed instead of 
being elected. Most St. Louis city officials are appointed. 

2 In Kansas City and St. Joseph the treasurer is also collector. 

3 In St. Louis and St. Joseph the city attorney is appointed. In cities 
of the fourth class the attorney and assessor are appointive, but may be made 
elective by the city board of aldermen. 

4 In St. Louis, Kansas City, and St. Joseph the police department is under 
the control of a board of police commissioners appointed by the governor 
of the state. 


CITIES, TOWNS, AND VILLAGES 


61 


auditor and a comptroller, who look after the accounts 
of the city and approve claims against it. 1 

These cities have also many other officials. 2 As the 
voter cannot personally know many of the candidates 
for city offices, he cannot make wise selections where 
there are a large number of offices to fill. Hence it is 
the better rule to reduce the number of elective offices 
and have most positions filled by the mayor’s appoint¬ 
ment. Being appointed by and responsible to one man, 
these officers will work together better than elective 
officers. The voters will hold the mayor responsible 
for their acts, and as he wishes to make a good record, 
he will try to appoint the best men he can secure. 

City Courts. — The city courts exist for the purpose 
of deciding cases in which it is claimed that an individual 
has violated or disobeyed an ordinance of the city. If 
a person is not satisfied with the decision of a city court, 
he can usually appeal; that is, have the case brought 
before a state court. These city courts are held by 
officials who are known as police judges, judges of the 
city court, or judges of the police court, and are elected 
by the voters of the city except in St. Louis, where 
they are appointed by the mayor. In towns and 
villages the city police court is held by the chairman 
of the board of trustees, and the same is true of the 
mayor in cities of the fourth class unless the board of 

1 In St. Joseph the auditor is elected, while in Kansas City he is ap¬ 
pointed by the mayor. The comptroller is elected in Kansas City and St. 
Louis, but is appointed by the mayor in St. Joseph. 

2 See the list of Officers of City Governments in the Official Manual of 
Missouri. 


62 


GOVERNMENT IN MISSOURI 


aldermen provides for the election of a police judge. 
In some cases the city police judge is also a justice of 
the peace (page 135), ex officio; that is, by virtue of 
his office. 

City School Districts. — In some states the city 
government has charge of the public schools. In Mis¬ 
souri a separate school district is provided for this pur¬ 
pose. This district includes the entire city, but may 
contain some territory outside of the boundaries of the 
city. It will be considered in Chapter XIII, dealing 
with Public Education. 

Growing Importance of City Government. — In the 

early history of the United States city government was 
of little importance, as there were very few cities and 
these were quite small. To-day, however, more than 
half of the total population live in cities, towns, or 
villages. One city has a population of 5,000,000, and 
two other cities each exceed 1,500,000 in population. 
In Missouri, 177 cities have each more than 1000 inhabit¬ 
ants, and 57 of these each exceed 3000 in population. 
It is clear from these figures that city government has 
come to be of importance to large numbers of people. 

Important City Problems. — The great increase in 
the size of cities has created difficult problems for city 
governments. The greater the number of people in a 
city, the more danger there will be from fire, disease, 
and crime. Hence better provision must be made 
for protection from these evils. The same is true of 
provision for water, light, telephones, and street cars. 
Though these things may be supplied by private cor- 


CITIES, TOWNS, AND VILLAGES 


63 


porations, the people of the city have such a great 
interest in their management that they have come to 
be known as public utilities. They are necessities with¬ 
out which people could not exist in large cities. 

The people of a city should be able to secure satis¬ 
factory service in the matter of public utilities. The 
corporations supplying these things must use the public 
streets above or below the surface for their pipes, poles, 
or rails. Hence the city has a right to control such use, 
so as to prevent injuries to people and damage or ob¬ 
structions to its streets. It may also wish to preserve 
the beauty of the city streets by requiring wires to be 
laid underground or carried through alleys. The city 
must also see that the charge for the service is not too 
high, as it is not possible to depend upon competition 
to keep the rates down. It would be a serious incon¬ 
venience to the people if two or more competing cor¬ 
porations were permitted to lay pipes and rails and string 
wires on the same streets. Finally, the question will 
arise in some cases of the city’s claim to share in the 
profits as a return for the use of its streets. 

Public Service Franchises. — The right or privilege 
of using the streets of a city for public utilities is known 
as a public service franchise. In many cases the city 
council, in granting the franchise, has failed to include 
in the ordinance provisions necessary to protect the 
interests of the public. In some cases the public service 
corporations have bribed members of the city council 
in order to secure franchises which did not contain such 
provisions. 

GOVT. MO. — 5 


64 


GOVERNMENT IN .MISSOURI 


Municipal Ownership. — Acts of this kind have 
caused the people to oppose public service corporations, 
and have led to a strong demand for municipal owner¬ 
ship; that is, for the city to own and operate plants 
to furnish these public utilities. The legislature has 
passed laws permitting municipal ownership of water 
works and lighting plants, and many cities have adopted 
this plan. Municipal ownership has been opposed 
on the ground that public business is not so well man¬ 
aged as private affairs. Some municipal plants in 
Missouri have been successfully carried on, while others 
have been failures on account of incapable or dishonest 
officials. It must be remembered, however, that public 
service corporations do not always give good service, 
and that some public service franchises have led to 
bribery of city officials. 

Reform in City Government. — The fact that some 
city officials are dishonest, while many more do not 
give good service, has led to many movements for 
reform in city government. The most important reform 
is that which has to do with improvement in the civil 
service; that is, in the character of the executive officials 
of the city. Most of the officials of the county and 
township do not need any special qualifications. If 
they are honest and willing, they can successfully 
perform their duties. Frequent changes in such offices 
keep the officials in touch with the people. In cities, 
particularly in large ones, the duties of officials are much 
more difficult, and special training is needed. The city 
is much like a large corporation, and business methods 


CITIES, TOWNS, AND VILLAGES 


65 


should be used in its affairs. Most of its officials should 
be chosen for fitness to do their work, and should hold 
office as long as they give good service. 

At present, many officials lose office after each elec¬ 
tion on account of political changes. The state and 
national politics of a man cannot affect his service as a 
policeman, fireman, official of the city water works, or 
the like. In some cities this is clearly seen, and such 
officials are appointed after examinations to test their 
fitness, and they hold office so long as they give good 
service. Kansas City and St. Louis have introduced 
these civil service examinations. 

Public Opinion. — The best way to secure improve¬ 
ment in city government is to create a strong demand 
for it among the people; that is, to arouse public opinion 
in this matter. The people will be aroused when it 
is shown that an official has acted dishonestly. But it 
is difficult to keep their attention upon matters of city 
government. Most men are busy with their own affairs 
and think they have no time for the city government. 
Aside from the fact that every citizen owes this duty 
to the city, a man should be interested in the affairs 
of the city because they are his own affairs. He has 
a direct personal interest in the things which the city 
is doing. He should know that impure water and poor 
light, filthy streets, and disease, vice, and crime, are due 
in part to his neglect to perform his duties ssa citizen. 
The city can be no better than its citizens. Cities 
which have succeeded in arousing and keeping alive 
public opinion have secured good city government. 


66 


GOVERNMENT IN MISSOURI 


Commission Form of City Government. — Many 
people believe that good city government is impossible 
because the voters do not know what officials are re¬ 
sponsible. This is due to the large number of officials 
who are elected. Where there are two houses of the 
city legislature, each can claim that the other is to 
blame. In the same way the mayor can blame the 
council or other elected officials, and these can claim 
that the bad government is the fault of the mayor or 
some official other than themselves. As a result, in 
some states the city council and all elective officials 
have been abolished, and their place has been taken 
by a commission of a few men, usually five, elected by 
the voters of the city. This commission has all the 
powers of the city council, and all officials are ap¬ 
pointed by it. In addition, each member of the com¬ 
mission looks after some division of the city’s work. 
As the commission has full powers, the people can 
hold it responsible. In 1913 this plan was adopted 
in Missouri for cities of the second class. Cities of 
the third class also may adopt this system, and this 
has been done by a number of these cities. 

The City Manager Plan is a recent development of 
the Commission form. Under this plan the commission 
selects a manager for the city who appoints all other 
officials and employees and directs them in carrying 
out the policies approved by the commission. His 
powers are like those of a general manager of a cor¬ 
poration. In 1921 Missouri cities of the third class 
were authorized to adopt this plan. 


CITIES, TOWNS, AND VILLAGES 


67 


Suggestive Questions 

Show how cities arise. 

How do cities create new needs? Name some of the most im¬ 
portant of these needs. How do these needs affect government in 
the city? 

What is the city charter? How is it created? How does a city 
secure a charter? 

Why are there different classes of cities? Name and explain 
the different classes of Missouri cities. 

What is the class of the city in which you live? When was its 
charter secured? What is its area? population? 

What is the name of the legislative department in your city? 
How many members has it, and how are they chosen? What are 
some of the matters which it can regulate? 

Who is the chief executive of your city? What is his term, and 
how is he chosen? What are his chief duties? Explain his veto 
power. 

Make a list of the other officials of your city, and give their 
term and compensation. How many of these officials are elected? 

Why do we have city courts? Who holds the city court in your 
city? 

Why is city government growing in importance? Name some 
of the chief problems of cities. 

What is a public service franchise? Is there any in your city? 

What is meant by municipal ownership? Does it exist in your 
city? Give arguments for and against municipal ownership. 

What reform is needed in the civil service of cities? Why? 

How may public opinion affect city government? Why is it 
difficult to keep public opinion aroused? Why should a man be 
active in city affairs? 

What is meant by the commission form of city government? 
What is its chief advantage? 

Explain the city manager plan. 

What improvements are needed in your city and its government? 


PART III 


STATE GOVERNMENT 

CHAPTER VIII 
THE STATES 

Origin of American States. — In order to understand 
how American states came into existence, we must 
turn to the early period of American history. A number 
of European nations made discoveries and settlements 
in America. The English settlements, or colonies as 
they were called, were in North America along the 
Atlantic coast. Each colony had its own government, 
with its executive, legislative, and judicial department, 
as well as local officials. The people of the colony had 
a voice in making the laws, but in most of the colonies 
the executive and the courts were controlled from Great 
Britain. Some of the laws of the British government 
were considered unjust and oppressive, and were op¬ 
posed by the thirteen colonies. When Great Britain 
tried to enforce these acts, the colonies sent representa¬ 
tives to a Continental Congress to decide on a course 
of action. This body adopted the Declaration of 
Independence, proclaiming that “ these United Col¬ 
onies are, and of right ought to be, free and independent 
68 


THE STATES 


69 


states.” The Revolution which followed changed the 
colonies into states. When a government of the United 
States was formed, these states gave up certain of their 
powers to the national government. The way in which 
this was done will be shown in Chapter XVI, dealing 
with the Constitution of the United States. 

Admission of New States. — At first there were only 
thirteen states in the American Union. At this time, 
as we have seen, the national government owned a large 
amount of land west of the Allegheny mountains, which 
was not included within any of the thirteen original 
states. The government wished to sell this land 
and urged people to settle upon it. As the population 
grew, the national government divided the land into 
districts called territories and provided a government 
for each territory. The form of this government was 
similar to that which existed in the states, except 
that the governor and judges were appointed by the 
national government. As soon as the territory had 
a sufficient population to carry on a state government, 
it was admitted by the national Congress as a state into 
the Union. As the national government acquired 
additional lands, it created new territories and admitted 
new states. To-day there are 48 states in the Union. 
All the territories have been admitted except Alaska, 
Hawaii, Porto Rico, and the Philippine Islands. 

How Missouri Became a State. — In 1803 the United 
States bought the vast colony of Louisiana from France. 
This was divided into two districts, of which one, 
known as Upper Louisiana, included what is now 


70 


GOVERNMENT IN MISSOURI 


Missouri. In 1804 this district was given a territorial 
government under the name of Louisiana. As the 
population increased, the people were given a larger 
share in the government. In 1812 the name was 
changed to Missouri, and in 1820, after reducing it 
in size, the national Congress gave the people of this ter¬ 
ritory the right to organize a state government. This 
government was approved by the national government, 
and the state was admitted into the Union on August 
10, 1821. 

The Forty-eight States. — Of the 48 states in the 
Union, 35 have been admitted since the national gov¬ 
ernment was formed. Most of these were admitted 
after having had a territorial government like that of 
Missouri. Vermont, Kentucky, Maine, and West Vir¬ 
ginia were separated from other states, while Texas and 
California were admitted as states, without having had 
any previous territorial government. 

Rhode Island, with an area of 1248 square miles, 
is the smallest state, while Texas, the largest, has 
265,896 square miles. Missouri, with 69,420 square 
miles, ranks eighteenth in area among the 48 states. 
In 1920 New York, with the highest rank in popula¬ 
tion, had 10,385,227, while Nevada, the lowest, had 
only 77,407. Missouri was the ninth in rank, with 
3,404,055. 

The differences among the states in area and popula¬ 
tion, as well as in climate, resources, and industries, 
have caused their governments to differ in certain 
matters. In fundamental features, however, the gov- 


THE STATES 


71 


ernment is the same in all the states, and represents 
a development from that which existed in the colonies 
and earliest states. In all the states there is a separa¬ 
tion of the government into the three departments of 
the executive, legislature, and judiciary. The chief 
executive in each state is a governor elected by the 
people, and the legislature everywhere consists of two 
houses. In practically all the states the law which 
the judiciary interprets is the common law, which had 
its origin in England and was brought to America in the 
colonial period. 

Suggestive Questions 

Where do we find the origin of American states ? 

How did the colonies become states ? 

How were new states created ? 

What was the original form of government in Missouri? 

When was Missouri admitted as a state ? 

Name the smallest state in the Union; the largest state. Give 
the area of Missouri. 

Name the state with the smallest population; with the largest 
population. What is Missouri’s rank in population? 

In what important features of their government do all the states 
agree ? 


CHAPTER IX 


THE STATE CONSTITUTION 

Origin of the State Constitutions. — Every American 
state has a constitution, which is a written document 
fixing the fundamental organization of the government. 
The idea of a constitution came from the written char¬ 
ters which most of the colonies had received from the 
king of England. These charters fixed the boundaries 
of the colony, and provided for its government and the 
rights of its inhabitants. As the king at this time had 
supreme power in such matters, the charter became the 
highest law of the colony, and if the governor or any 
official acted contrary to this law, his act was illegal. 
Some of the colonies were later forced to give up their 
charters, but they were able to keep the same general 
form of government. When the colonies became inde¬ 
pendent states, the people wished to have a written 
law at the basis of their governments. In two of these 
new states, Connecticut and Rhode Island, the old 
charters were so good that they were kept with very 
little change. In the eleven other states constitutions 
were adopted soon after the Revolution. In each of 
the 35 states which have been admitted by Congress, 
a similar state constitution has been adopted. 

Nature of the Constitution. — With the exception of 
the Constitution and laws of the United States, which 
72 


THE STATE CONSTITUTION 


73 


will be discussed later, the state constitution is the 
highest law of the state. It fixes the fundamental 
organization of the government, and names the rights 
which are given to individuals against this government. 
As the constitution is the highest or supreme law of the 
state, no official or department of the government can 
do any act which it forbids. Any act of this kind is 
said to be unconstitutional , or illegal. An unconsti¬ 
tutional law is one which is opposed to the constitution 
and hence is no law, but merely an illegal attempt to 
make a law. When the legislature passes such an 
act, an individual whose rights are affected by it may 
take the matter to the courts, which will declare the 
act unconstitutional and void; that is, of no effect. 

The early state constitutions were short documents 
which dealt only with the most important matters 
and left details to be regulated by the legislature. 
In the course of time the people felt that other matters 
should be put into the constitution, and as a result 
the documents are much longer. The first constitu¬ 
tion of Missouri contained about 10,000 words, while 
the present constitution, adopted in 1875, contains over 
25,000 words. Some of the constitutions of the newer 
states, as that of Oklahoma, contain about 50,000 words. 

Constitution of Missouri. — The constitution of 
Missouri, which is similar to that of most of the other 
states, consists of fifteen Articles or principal parts, 
with the following titles : — 

Article /, Boundaries. — This marks out the territory 
within which the power of the state is exercised. 


74 


GOVERNMENT IN MISSOURI 


Article II, Bill of Rights. — This secures rights for 
the individual against the government. It includes 
those personal and property rights which were dis¬ 
cussed in Chapter III. 

Article III, Distribution of Powers. — This provides 
for the separation of the government into the three 
departments, — legislative, executive, and judicial. 

Article IV, Legislative Department. — This provides 
for the organization and powers of the legislature, 
including the way in which laws must be passed. 

Article V, Executive Department. — The election, 
term, powers, and duties of the governor and chief 
executive officials. 

Article VI, Judicial Department. — The division 
of judicial power among different grades of courts, and 
the organization and powers of each grade. 

Article VII, Impeachments. — If the governor or 
any other important official is guilty of high crimes or 
misconduct, he may be impeached, that is, accused by 
the house of representatives, and if convicted by a 
two-thirds vote of the senate, he will be removed from 
office. 

Article VIII, Suffrage and Elections. — This deals 
with the subjects discussed in Chapter IV. 

Article IX, Counties , Cities, and Towns. — This 
defines the powers of the legislature in providing for 
local government. 

Article X, Revenue and Taxation. — This deals with 
the important subject of state and local income, which 
will be discussed in Chapter XII. 


THE STATE CONSTITUTION 


75 


Article XI, Education. — This will be discussed in 
Chapter XIII. 

Article XII, Corporations. — This has to do with 
the creation and regulation of corporations, such as 
banks and railroads. 

Article XIII, Militia. — The military organization 
of the state. 

Article XIV, Miscellaneous Provisions. — Forbids 
duels and lotteries, and contains various provisions 
regarding officials. 

Article XV, Mode of Amending the Constitution. 

Amendment of the Constitution. — While the con¬ 
stitution deals with fundamental matters, its rules 
cannot remain the same at all times. As the state 
grows in population, new conditions arise, and the con¬ 
stitution may prevent the legislature from making 
proper laws for such matters. It may be necessary 
to increase the rate of taxation, add to the number of 
judges of a state court, or provide for other needs. 
Hence the constitution must be amended, or changed, 
so as to permit the doing of such things. As the law 
of the constitution is the highest law of the state, it 
should not be amended in the same way as ordinary 
laws made by the legislature. 

An amendment to the constitution of Missouri may 
be proposed by a majority vote of each house of the 
legislature. Then it is printed in the newspapers in 
order that the voters may understand it. If the amend¬ 
ment receives a majority of the votes cast upon it at 
the election, it is adopted as a part of the constitution. 


76 


GOVERNMENT IN MISSOURI 


Of one hundred and two amendments to the present 
constitution which have been submitted, thirty-five 
have been adopted by the voters. Another method of 
amending the constitution, known as the initiative and 
referendum, was adopted in 1908, and will be explained 
in the next chapter (page 88). 

Revision of the Constitution. — In the course of time 
the constitution as a whole or in many of its parts may 
not suit the new conditions in a state. In such a case 
there must be a revision; that is, such a general change 
of all the articles as will amount to the adoption of a 
new constitution. In order to revise the constitution, 
there must be a constitutional convention, a body of 
men chosen by the voters for that purpose. When the 
legislature thinks a revision is needed, it has the people 
vote upon the question of holding a constitutional con¬ 
vention. This must be done at least once in every 
period of twenty years. If a majority vote in favor, 
the members are elected by the voters, two being chosen 
from each senatorial district (page 80), and fifteen 
from the state at large, or eighty-three in all. The 
first constitution of Missouri was adopted by a con¬ 
stitutional convention in 1820. Three other constitu¬ 
tional conventions have adopted constitutions since 
that time — in 1845, 1865, and 1875. As the consti¬ 
tution of 1845 did not receive a majority of the votes 
when submitted to the people, it did not become law. 
When the constitution of 1820 was adopted, the law 
did not require it to be approved by the voters. Begin¬ 
ning with 1845, however, it has been the rule in Mis- 


THE STATE CONSTITUTION 


77 


souri, as in most other states, that the constitution, 
after being revised by the constitutional convention, 
must be ratified or approved by a majority of the 
voters. 

The present constitution of Missouri was adopted 
in 1875. Great changes have taken place in the state 
since that time, and the old constitution does not en¬ 
tirely satisfy the new needs. The many amendments 
submitted prove that this is true, and show that a re¬ 
vision is necessary. On this account the voters author¬ 
ized a Constitutional Convention to meet in 1922. 
This convention may adopt amendments or a new con¬ 
stitution, which in either case must be submitted to the 
voters for their approval. 

Suggestive Questions 

What was the colonial charter, and how was it granted? How 
did it influence the adoption of state constitutions ? 

What is the relation of the state constitution to the state gov¬ 
ernment? What is its relation to individuals? 

What is meant by an unconstitutional law? How is a law 
declared unconstitutional ? 

How do present constitutions differ from the early constitu¬ 
tions ? Why has this change taken place ? 

Name some of the important articles in the Missouri constitu¬ 
tion. 

Why is it necessary to amend the constitution ? How may the 
constitution of Missouri be amended? How many amendments 
were voted on at the last election ? 

How does revision differ from amendment of the constitution? 
How may the constitution of Missouri be revised ? 

When was the present constitution of Missouri adopted? 
How many amendments have been adopted? 


CHAPTER X 


THE STATE LEGISLATURE 

The Two Houses. — As we have seen, the govern¬ 
ment of the state is divided into the legislative, execu¬ 
tive, and judicial departments. The legislative depart¬ 
ment in Missouri is called the general assembly , and, as 
in all other states, is composed of two houses. These 
houses are known as the senate and house of representa¬ 
tives. 

Time and Place of Sessions. — The general assembly 
meets at Jefferson City, which is the state capital , or 
seat of government, at which the governor and other 
state officials have their offices. These offices and the 
meeting-places of the legislative houses are in the 
capitol , or principal public building of the state. In 
1911 the capitol of Missouri was destroyed by fire, 
but a new one that cost $3,500,000 was constructed and 
was occupied for the first time in 1917. 

A regular session or meeting of the legislature is 
held once in every two years, the session beginning on 
the Wednesday after New Year’s in odd-numbered years. 
The governor may call extra sessions at other times for 
such matters as he may wish the legislature to consider. 
The two houses must agree in order to fix the date for 
adjournment , or the close of the session. 

78 


THE STATE LEGISLATURE 


79 


Pay of Members. — The rule regarding payment of 
members affects the time for adjournment. The con¬ 
stitution provides that members of each house shall 
receive five dollars a day for the first seventy days of 
each session, and only one dollar a day for the remainder 
of the session. 1 This rule is intended to prevent a long 
session, and as a result the legislature adjourns soon 
after the session has lasted seventy days. Each member 
receives mileage , that is, a sum of money for traveling 
expenses, which depends upon the distance from his 
home to Jefferson City, and thirty dollars for station¬ 
ery, etc. 

House of Representatives. — The house of repre¬ 
sentatives is composed of members elected by the voters 
for a term of two years. As all parts of the state should 
be represented, it is the rule that the voters of each 
county shall elect at least one member. Counties 
with a large population should have more representa¬ 
tion than a small county. The constitution provides 
for this by fixing a ratio of representation. The popu¬ 
lation of the state is divided by 200 to get this ratio. 
Counties are given representatives according to the 
number of ratios contained in their population, as 
follows: — 

For two and one half ratios, two representatives. 

For four ratios, three representatives. 

For six ratios, four representatives. 

For eight and one half ratios, five representatives. 

1 In revising sessions the time during which members receive five dollars 
a day is 120 days. See page 86. 

GOVT. MO. —6 


80 


GOVERNMENT IN MISSOURI 


Each county having more than eight and one half 
ratios is given another representative for each addi¬ 
tional two and one half ratios contained in its popula¬ 
tion. 

The rule of representation gives the advantage to 
the smaller counties. Thus 109 counties have each 
one representative, though their population varies from 
7033 in Hickory county to 35,813 in Pettis county. Of 
the remaining counties, Buchanan, Greene, Jasper, and 
St. Louis have each 3 representatives; Jackson, 10; 
while St. Louis city has 19 representatives. For the 
whole state there is a total of 150 members of the house 
of representatives. 

The division among the counties is usually changed 
every ten years, after the national census, or counting 
of the population, has been made. 

A county is divided into as many districts as it has 
representatives, and each district elects one member. 
St. Louis city is divided into districts, each of which 
elects not less than two nor more than four represent¬ 
atives. 

Senate. — The senate is a much smaller body than 
the house of representatives. The constitution requires 
the legislature to divide the state into 34 senatorial 
districts, each of which elects one senator. This divi¬ 
sion, or apportionment, as it is called, is to be changed 
every ten years, after the national census. If the legis¬ 
lature fails to make this division, the districts are 
arranged by the governor, secretary of state, and 
attorney-general. The constitution provides that the 


THE STATE LEGISLATURE 


81 


senatorial districts shall be as nearly equal in popula¬ 
tion as may be possible. This rule may be evaded by 
what is known as a gerrymander, the districts being 
laid out in such a manner as to give one political party 



Adapted from Official Manual, State of Missouri, 1909-1910. 

an undue advantage over another. Where a district 
includes two or more counties, they must be contigu¬ 
ous; that is, adjoining one another. As a rule no county 
can be divided so as to have a part in two or more dis¬ 
tricts. If a county is large enough to have two or 
more senators, it must be divided into as many dis- 



















































82 


GOVERNMENT IN MISSOURI 


tricts as it has senators, each district electing one sena¬ 
tor. Buchanan and Jasper counties have each one sen¬ 
ator, Jackson county has two, and St. Louis city six. 1 

Qualifications of Members. — Not every person can 
be elected a senator or representative. As it is neces¬ 
sary that he shall be old-enough to act with judgment, 
the constitution provides that a representative must 
be at least 24 and a senator at least 30 years of age. 
It is also important that a member of the legislature 
shall have a direct interest in the district which he 
represents. Hence no one can be a member of either 
house unless he has resided for one year within the 
county or district from which he has been elected, and 
has paid state and county taxes during such period. 
He must also be a citizen and a voter. Finally, in order 
to keep the legislature separate from other depart¬ 
ments, it is the rule that no national, state, or local 
official who receives a salary or pay of any kind can be 
a member of either house of the legislature. 2 

Officials of the Houses. —Each house, like a debating 
club or public meeting, must have officials to control 
the carrying on of its business. The lieutenant gov¬ 
ernor of the state acts as president of the senate, but 
the house of representatives elects its presiding officer, 
who is called the speaker. Each house elects all of its 
other officials, including a president or a speaker pro 
tempore; that is, one who presides for the time when the 

1 The districts were not changed after the census of 1910 or that of 1920. 

2 Exceptions are made in the case of officers of the militia, justices of the 
peace, and notaries public. 


THE STATE LEGISLATURE 


83 


president or the speaker is absent. The other officials 
are a secretary, or chief clerk, chaplain, doorkeeper, 
sergeant-at-arms, and assistants and clerks. 

Committees. — Great care should be taken in making 
laws. It is not easy to understand such matters, and 
if every measure is not carefully examined, bad laws 
may be made. So many bills are brought before 
the legislature that each cannot be given this care by 
all members. Hence in each house they are sent to 
committees, which consist of a small number of mem¬ 
bers. There are a large number of committees, each 
of which has sent to it all matters dealing with a certain 
subject, from which the committee derives its name. 
Thus there are committees on banks, education, agri¬ 
culture, appropriations, etc. 

The committee holds meetings to which people may 
come to argue in favor of or against certain measures 
which have been sent to the committee. The com¬ 
mittee, after discussing the measures, makes a report 
to its house. The report may recommend that the 
measure be made a law, or may advise its rejection. 
The majority of a committee belong to the political 
party which has a majority of the members of the house. 
Hence the report of a committee has great influence 
upon the majority, and is usually adopted. 

Quorum. — Neither house can consider any measure 
or do any business unless there is present a quorum, 
or a certain number of members fixed for this purpose. 
As it is important that a small number should not be 
permitted to make laws, the constitution of Missouri 


84 


GOVERNMENT IN MISSOURI 


fixes the quorum at a majority of the members. A 
smaller number, however, can take steps to compel 
absent members to attend. 

How Laws are Made. — Any member of either house 
can prepare and introduce, or submit, a bill; that is, a 
measure which it is proposed to make a law. Any 
citizen or society may prepare a bill, and can usually 
get a member to introduce it. The bill is printed so 
that members may read it, and is sent to its proper 
committee. The house cannot consider the bill until 
the committee sends it back with its report. In order 
to prevent haste in making laws, each bill must come 
before the house on three different days before being 
passed. The bill is debated, and amendments may be 
made to it. 

After the debate has been finished, the house votes 
upon the bill, and if it receives the votes of a majority 
of all the members of the house, it is passed. It then 
goes to the other house, where it must go through simi¬ 
lar proceedings. If the bill is amended in the second 
house, it must go back to the first house, which may 
accept or reject the amendment. If the first house 
rejects it, the bill is generally sent to a conference 
committee consisting of members chosen by each house. 
If this committee agrees upon the measure or a com¬ 
promise, its report is usually accepted and the bill 
passed by both houses. 

The Veto. — A bill which has passed both houses 
must go through another stage before it becomes a 
law. It is sent to the governor for his approval. If 


THE STATE LEGISLATURE 


85 


he signs it within ten days after he has received it, 
or within thirty days, if the legislature has adjourned 
before the end of the ten-day period, the bill becomes 
a law. If the governor does not approve the bill, 
it is his duty to veto it, sending it back to the legis¬ 
lature with his reasons for the veto. In the case of 
appropriation bills the governor may veto particular 
items while approving the other parts of the bill. A 
bill which has been vetoed may be made a law if the 
legislature passes it over the governor’s veto by the 
votes of two thirds of all the members of each house. 
If the governor neither signs nor vetoes a bill within 
the ten-day period, the legislature may declare such bill 
a law without the signature of the governor. 

Lobbying. — Persons who are in favor of or opposed 
to certain bills may interview committees and members, 
and submit facts and arguments regarding the bills. 
This is called lobbying , and is not evil, but of benefit, 
as the legislature needs such information. In some 
cases, however, corporations employ lawyers and other 
persons to argue for them. This may be proper if it 
is known that a lawyer is employed to argue the matter 
for a corporation. Hence the law requires such a man 
to make a written statement regarding this matter 
and file it in the office of the secretary of state. Some 
lobbyists try to get votes for or against a bill by im¬ 
proper methods, such as paying or promising money, 
and other kinds of bribery. This is a crime against 
the people, and the briber is as guilty as the one who 
takes the bribe. 


86 


GOVERNMENT IN MISSOURI 


When Laws take Effect. — It is a rule that ignorance 
of the law excuses no one, which means that a man who 
acts illegally cannot claim that he did not know what 
the law was. The state, however, should make it easy 
for the people to know the law. Hence laws passed 
by the general assembly, statutes , as they are called, 
do not, as a rule, take effect until ninety days after the 
adjournment of the legislature. Some statutes are 
passed to provide for an immediate need. In such cases, 
if two thirds of the members of each house agree, the 
law may take effect as soon as signed by the governor. 

The state provides also for the publication of the laws, 
and the ninety-day period gives time for this to be done 
before the laws go into effect. All statutes passed 
by the general assembly are filed with the secretary of 
state. He prepares them for publication in a bound 
volume, copies of which are sent to all state and county 
officials and to public libraries. Any person can buy 
a copy for fifty cents. 

Revised Statutes. — Each general assembly passes 
a large number of statutes, some of which are new laws, 
while others amend or repeal, that is, abolish, old laws. 
It would be a hard matter to find the law on any sub¬ 
ject if one needed to look through all the volumes of 
statutes passed by the different general assemblies. 
Hence the constitution directs that the general assembly 
shall provide for a revision of the statutes at the end 
of every ten years. The session of the legislature held 
before such revision is known as a revising session. 
Many statutes are revised at this session. A revising 


THE STATE LEGISLATURE 


87 


commission, consisting of a number of lawyers, is then 
appointed. These men prepare the statutes for pub¬ 
lication, leaving out all repealed laws. The latest 
Revised Statutes of Missouri, which are for the year 
1919, make up three large volumes containing in all 
nearly 5000 pages. 

Powers of the Legislature. — The general assembly, 
as the lawmaking body, has the power to legislate on 
any subject over which the state has control. There 
are a large number of such matters, of which the most 
important are the following: taxation; appropriation 
of money; punishment of crimes, such as murder, 
burglary, bribery, etc.; contracts; rights in property, 
such as renting of a house or sale of land; marriage 
and divorce; wills and inheritance; public education, 
health, and charity; regulation of saloons, hotels, and 
theaters; railroad, telegraph, telephone, and other 
public service corporations; banks, insurance, and 
other business corporations; matters relating to labor, 
mines, agriculture, manufacturing, etc.; good roads ; 
militia; organization and power of counties, town¬ 
ships, cities, and villages. 

Limitation upon Legislative Power. — Certain mat¬ 
ters are prohibited to the state by the Constitution of 
the United States. 1 The power of the state legislature 
is limited as to these matters. In addition, the consti¬ 
tution of the state contains restrictions upon the legis¬ 
lature. At first these restrictions were very few in 
number; but for various reasons the people lost con- 

1 See Constitution, Article I, Section 10; Amendments, Article XIV, XV. 


88 


GOVERNMENT IN MISSOURI 


fidence in the legislature, and placed more restrictions 
upon it in the state constitution. In the present consti¬ 
tution the power of the legislature is limited or pro¬ 
hibited regarding a large number of matters. The most 
important have to do with its power to levy taxes, 
borrow money, and pass special laws. 1 

Initiative and Referendum. — In 1908, the power 
of the legislature was still further reduced by the adop¬ 
tion of an amendment to the constitution providing 
for the initiative and referendum. The referendum is 
similar to the plan of having the people ratify consti¬ 
tutional amendments, but it applies to ordinary stat¬ 
utes passed by the legislature. If a number of people 
do not approve $uch a statute, they can have it referred 
to the voters by means of a petition signed by 5 
per cent of the voters in each of two thirds of the 
congressional districts of the state. This means about 
50,000 signatures. It is of course difficult and expen¬ 
sive to get these signatures. The petition must be 
filed with the secretary of state during the ninety-day 
period after the legislature adjourns. If petitions with 
a sufficient number of signatures are filed, the law does 
not go into effect, but is submitted to the voters at 
the next general election. 2 If a majority do not vote 
in favor of the measure, it will not become a law. 
Four legislative acts were referred to the people in 
1914, and two in 1920, but none received a majority vote. 

1 See Constitution of Missouri, Article IV, Sections 43-56. 

2 Certain laws relating to public peace, health, and safety, and some 
appropriations, are not subject to the referendum. 


THE STATE LEGISLATURE 


89 


The initiative is a new method of legislation in Amer¬ 
ica, though it has been used for some time in Switzer¬ 
land. It provides for the making of laws by the people 
without using the legislature. In Missouri the same 
number of voters needed to secure the referendum can 
submit by petition any measure which they wish to 
make a law. This measure must be filed with the 
secretary of state at least four months before the time 
it is to be submitted to the voters. If a majority vote 
in its favor, it becomes a law. The constitution may 
be amended by the initiative. Two amendments were 
submitted by the initiative in 1910, four in 1912, three 
in 1914, two in 1916, three in 1918, and one in 1920, 
but all except the last were rejected by the voters. 

The initiative and referendum plan has been adopted 
in twelve states and is being urged in many more. The 
chief argument against it is the lack of interest on the 
part of the voters. In most states the vote on such 
measures is only half of that cast for the election of 
officials at the same election, and in others it is as 
low as one fifth. The plan has been in use in Oregon for 
a number of years, and in that state more than two 
thirds of the voters vote on the measures submitted. 
One reason why people do not vote is that they do not 
understand the measure. In Oregon a copy of the 
measures, with arguments for and against, is sent to 
each voter in the state. This should be done wherever 
the plan is used. If the people are to legislate di¬ 
rectly, they should thoroughly understand the measures 
submitted to them. 


90 


GOVERNMENT IN MISSOURI 


Suggestive Questions 

What is the name of the Missouri legislature ? Give the names 
of its two houses. 

When and where does it hold its sessions ? How far is it from 
your home to the state capital ? 

Explain the pay of members of the legislature. What is mileage ? 

What are the terms of senators and representatives ? 

Explain the method of representation in the house of represent¬ 
atives. Compare this with the method of representation in the 
senate. What is the rule if a county has less than one ratio of 
representation ? 

Give the number of members of the house of representatives. 
Has your county more than one member ? Give name or names. 

Give the number of members of the state senate. How are 
senatorial districts formed? In what senatorial district do you 
live ? Who is your senator ? 

Explain the qualifications of senators and representatives. 

Name the chief officials of each house. Explain the committee 
system and show why the action of committees is so important. 

What is meant by a quorum ? What number makes a quorum 
in the Missouri legislature ? 

What is a bill? How is it prepared and introduced? What 
must be done with the bill before it can be passed ? What vote is 
required to pass it ? 

What must be done after a bill has passed both houses ? What 
is the veto ? How may a bill be passed over the veto ? 

If the legislature is in session, ask your senator or representative 
to send you copies of some important bills. 

Explain lobbying. How is it regulated in Missouri ? 

When do laws take effect ? How are the people informed regard¬ 
ing the laws which have been passed ? What are the revised statutes ? 

Explain the general powers of the legislature. How is it limited 
by the Constitution of the United States ? 

Why has the legislature been restricted by the constitution of 
Missouri ? What are the most important of these restrictions ? 

What is meant by the referendum? What is the initiative? 
What are the chief arguments for and against the initiative and 
referendum ? 


CHAPTER XI 


THE STATE EXECUTIVE 

Importance of the Executive. — A law which has 
ffieen made by the legislature will not amount to any¬ 
thing unless it is carried into execution; that is, enforced. 
As we have seen, many of the laws of the state are 
executed by the local assessors, collectors, prosecuting 
attorneys, sheriffs, policemen, and other county, city, 
and town officials. In many cases, however, the 
state laws cannot be turned over to local officials. 
Some matters lead to an expenditure of money which 
is too large for any city or county. Thus hospitals 
for the insane, a university, and normal schools are not 
usually managed by local officials. In other cases the 
measure may be one which should be managed, or 
administered, in the same way in all parts of the state. 
Thus most laws regarding banks, insurance companies, 
railroads, etc., are generally administered by state 
officials. Even where local officials execute state laws, 
their acts in some cases are supervised, or looked 
after, by state officials. Thus we have a state super¬ 
intendent of public schools, who looks after the admin¬ 
istration by local school officials of some of the laws 
relating to public education. Hence there are a large 
number of state officials who administer the affairs 
91 


92 


GOVERNMENT IN MISSOURI 


of the state government, execute some of the laws of 
the state, and supervise the acts of local officials. 

The Governor. — In every state the governor is 
the chief executive official. In Missouri he is elected 
by the people for a term of four years, and cannot be a 
candidate for reelection at the end of his term. No 
one can be governor unless he is at least 35 years 
of age, a citizen of the United States for at least ten 
years, and has lived in Missouri for seven years before 
his election. The governor is paid a salary of $5000 
a year, and is given a furnished residence at the capital. 

The Lieutenant Governor. — Most states have a 
lieutenant governor, who is to act in place of the 
governor whenever he leaves the state, or in case of 
a vacancy on account of death, removal, or resigna¬ 
tion of the governor. In Missouri the lieutenant 
governor is elected at the same time as the governor, 
holds for the same term, and must have the same quali¬ 
fications. We have seen that he is president of the 
state senate. When the legislature is not in session 
he does not have any duties to perform except when he 
acts as governor. He is paid a salary of $1000 a year 
and receives $7 a day during the session of the legisla¬ 
ture. In case of a vacancy in the offices of governor 
and lieutenant governor, the president pro tempore acts 
as governor. If in such a case there is no president 
pro tempore , the speaker of the house of representatives 
will act as governor. 

The Governor’s Legislative Powers. — As we have 
seen in studying the state legislature, the governor 


THE STATE EXECUTIVE 


93 


has important powers in connection with the making 
of laws. He may call the legislature in extra session 
to act on matters which he thinks are important, and 
he may veto bills which have passed both houses. In 
addition, the governor is required to send to each gen¬ 
eral assembly a message in which he gives information 
about the state and its needs. He may also send in 
special recommendations on any subject at any time 
during the session. The governor is usually a leader 
of the political party which has a majority of the 
members of the general assembly. Hence any bill 
which he recommends has a good chance to be made a 
law. On this account, also, it is usually impossible to 
get a vote large enough to pass a bill over the governor’s 
veto. 

The Judicial Powers of the Governor. — The gov¬ 
ernor is also given powers of a judicial nature. When 
a man is found guilty of a crime, the courts must order 
the punishment fixed by law. There may be special 
reasons, however, why this punishment should not be 
carried out as fixed. The criminal may be ill, or his 
behavior in prison may have been very good. The 
state does not wish to punish, but to reform. Hence 
the governor has been intrusted with the power to 
grant a reprieve , that is, a postponement of the punish¬ 
ment, or a commutation , a reduction of the amount of 
the punishment, or a pardon , which does away entirely 
with the punishment and sets the prisoner free. The 
governor may grant a pardon to a person on condition 
that he will behave himself and not commit any other 


94 GOVERNMENT IN MISSOURI 

crime. This is called a parole, which means that the 
person has given his word or promise of good behavior. 
Many prisoners who have been released on parole have 
reformed and become good and useful citizens. 

So many petitions for pardon are presented to the 
governor that he cannot examine them all with care. 
He appoints a commission of penal institutions, which 
examines them and reports to the governor. The gov¬ 
ernor must report all pardons, reprieves, and commu¬ 
tations to the general assembly and state his reasons for 
granting them. 

The Governor’s Executive Powers. — The principal 
duties of the governor have to do with the execution 
of the laws of the state. He is the chief executive of 
the state, and as such represents the state in its relations 
with other states and with the national government. 
Thus if a criminal from Illinois comes into Missouri, 
the governor will order that he be given up to the offi¬ 
cers from Illinois. The governor is commander in 
chief of the state militia, and can send its soldiers to 
any part of the state to keep order and execute the laws. 
In certain cases he can call upon the President of the 
United States to send national soldiers into the state 
to assist in keeping order. 

The general duty of the governor to see that the laws 
are faithfully executed compels him to look after the 
local officials when they are executing state laws. He 
cannot as a rule interfere with such officials, but in 
certain cases where they can not or will not execute 
the laws the governor may act. In the same way he 


THE STATE EXECUTIVE 


95 


can issue orders to some of the state officials regarding 
such matters. Most of the state officials who are not 
elected are appointed by the governor, but in many 
cases his appointment must be approved by the senate. 
He appoints in case of vacancies in most state and 
county offices. As a rule the governor cannot remove 
officers, but in some cases where it is important for the 
governor to control the acts of the official, he is given 
the power of removal. The governor issues commissions 
to state and county officials. A commission is a docu¬ 
ment showing the officiars right to hold his office. 

The governor is a member of the following important 
boards, with various administrative duties: board of 
agriculture, board of charities and corrections, board 
of education, board of equalization, board of fund com¬ 
missioners, bureau of geology and mines, board of horti¬ 
culture, and board of permanent seat of government. 
He appoints the members of some of these boards, and 
is usually able to influence their acts. The governor 
appoints a secretary to the governor, who helps him in 
attending to his many duties. 

Other Executive Officials. — In addition to the gov¬ 
ernor and lieutenant governor, the constitution names 
the secretary of state, state auditor, state treasurer, 
attorney-general, and superintendent of public schools 
as officials of the executive department. Each is 
elected for a term of four years and may be reelected, 
except the treasurer, who, like the governor, cannot be 
elected for two terms in succession. No one can be 
elected to any of these offices unless he is at least 25 

GOVT. MO. — 7 


96 


GOVERNMENT IN MISSOURI 


years of age, a male citizen of the United States, and 
has lived in Missouri for at least five years before his 
election. Each of these officers receives a salary of 
$3000 a year. Many other officials have been provided 
for by the legislature, all of whom are appointed. 
Most of these officials are appointed by the governor, 
the appointments being usually subject to the confir¬ 
mation of the senate. 

These officials deal with many different affairs of 
the state’s business. While each official is usually 
separate from and independent of any other official, 
the duties of some are of the same general kind. Hence 
instead of naming each of the separate officials it will 
be better to group them all under a few classes or de¬ 
partments according to their powers and duties. The 
state auditor and state treasurer have duties relating 
to the state’s money, and will be referred to in Chapter 
XII, dealing with Revenue and Expenditures. The 
attorney-general is the legal adviser of the state and 
represents it before the higher courts. His duties will 
be considered in Chapter XV, dealing with the State 
Judiciary. The state superintendent of schools will 
be discussed in Chapter XIII, on Public Education. 

Department of State. — The secretary of state is the 
only official of this department, though he has a number 
of clerks to help him in performing his duties. The 
most important duty of the secretary of state is that 
of keeping the journals and other official documents 
of the general assembly. He also keeps a record of 
the official acts of the governor. The great seal of 


THE STATE EXECUTIVE 


97 


the state, which is used on all commissions issued to 
officers and on other official documents, is kept by the 
secretary of state. Any one who wishes to can see the 
official records in the office of the department of state. 
From these records the secretary of state publishes the 
laws and journals of the general assembly, which he 
distributes among state and local officials and to others 
as provided by law. All nominations for state offices 
are filed in his office. Reports of all elections are sent 
to him, and he keeps a record of the name and term of 
office of all state and local officials. He publishes this 
and other valuable information in the Official Manual 
of the State of Missouri , usually called the “ Blue 
Book/ 7 which is issued once in every two years. 

The secretary of state has other important duties 
besides that of keeping documents and records. All 
corporations which are given charters, that is, the right 
to do business in the state, must receive their certifi¬ 
cates of incorporation from his office. He has duties 
in connection with the law regulating automobiles. 
All automobiles, as well as chauffeurs, must be registered 
in his office. He is the agent of the state in matters 
relating to land granted to it by the national govern¬ 
ment. He has important duties to perform as a mem¬ 
ber of the following boards: board of education, board 
of equalization, board of permanent seat of govern¬ 
ment, and public printing commission. 

Military Department. — The military department of 
the state includes two classes, — the militia and the 
naval reserve. Each exists for two purposes; first, 


GOVERNMENT IN MISSOURI 


to help the police and sheriffs when they are unable to 
keep peace and order; and second, to assist the national 
government in case of war. The governor is com¬ 
mander in chief, and administers affairs through the 
adjutant general, appointed by him. The militia is 
known as the National Guard of Missouri. If neces¬ 
sary, as in time of war, all male citizens between 18 
and 45 years of age are liable to service in the militia. 
In time of peace, however, no one is compelled to serve, 
and the militia is made up of those who wish to join. 
In 1916 the national guard consisted of 4068 enlisted 
men and 251 officers. Sixty companies of infantry, 
located in different cities of the state, are organized 
in one brigade of four regiments. There are also small 
organizations of cavalry, artillery, hospital, and signal 
corps. The corps of cadets of the Missouri State 
Military School of the University of Missouri and cer¬ 
tain military academies in the state are recognized as 
posts of the state militia. The Missouri Naval Reserve 
includes only one division, containing only a small 
number of seamen and officers. 

Labor and Commerce. — The state has a deep inter¬ 
est in the welfare of laborers, including women and 
children, and laws have been passed to improve the 
conditions under which they work and to restrict child 
labor. There is a commissioner of labor statistics, who 
collects and publishes information about such con¬ 
ditions. In each of the three largest cities of the state 
there is a free employment bureau to assist laborers 
in getting work. A state industrial inspector, who has a 


THE STATE EXECUTIVE 


99 


number of assistants, enforces laws regarding labor in 
factories, stores, etc. A chief mine inspector and six 
assistant inspectors enforce laws relating to labor in 
mines. A board of mediation and arbitration , consisting 
of three members, investigates disputes between em¬ 
ployers and laborers and tries to settle them. 

Railroads have done much to increase the wealth of 
the state. It is necessary, however, to have laws to 
prevent the railroads from charging too much for freight 
or passengers. The safety of passengers as well as of 
railroad employees must also be secured. The public 
service commission administers laws for these purposes. 
The warehouse commissioner supervises the laws relating 
to the inspection and weighing of corn, wheat, and 
other grain, and hay. A board of immigration of three 
members is to advertise the state in such a way as to 
bring in people from other states and foreign countries. 

Control over Insurance and Other Corporations. — 
People who are obliged to trust their money to large 
corporations for any purpose are not able in many cases 
to look after its safety. Hence the state makes laws 
to govern such corporations, and has a number of officials 
to enforce them. The superintendent of the insurance 
department administers the law regarding insurance com¬ 
panies. Some insurance companies insure property; 
that is, they charge a premium, or fee, and agree to pay 
the owner a certain amount of money in case his prop¬ 
erty is destroyed in a fire or a windstorm. Other 
insurance companies insure a man against accidents, 
or insure his life, agreeing in case of his death to pay 


100 


GOVERNMENT IN MISSOURI 


a certain amount of money to his widow, children, or 
other persons named by him. The superintendent of 
insurance examines all such companies and grants 
licenses, or permits to do business, to those which he 
finds to be safe for the people to deal with. No com¬ 
pany can do business without a license, and the super¬ 
intendent can take away a license at any time. 

State banks and trust companies in which people 
deposit their money for interest or security do business 
under similar laws. A commissioner of finance , who has 
a number of examiners to assist him, administers these 
laws. Banks and trust companies make reports to the 
commissioner, and are examined at least once in each 
year. The commissioner may order a bank closed 
when an examination shows that it is in a bad condi¬ 
tion. 

Building and loan associations loan money to their 
members so that they can build houses, the loans being 
repaid in monthly payments. The commissioner of 
finance is given powers over these organizations similar 
to those he has over banks and trust companies. He 
also administers the laws for securing rural homes for 
former soldiers. 

Agriculture. — The majority of the people of the 
state are engaged in some form of agriculture. Every 
one has an interest in it, as it is the source of food supply. 
Hence it is natural that the state should do much to 
improve conditions and methods of agriculture. The 
state board of agriculture looks after the general agri- 


THE STATE EXECUTIVE 


101 


cultural interests, including the state fair, which is held 
each year at Sedalia. It appoints a secretary, lecturers 
for farmers’ meetings, a dairy commissioner to promote 
dairy interests, a state veterinarian to attend to dis¬ 
eases of live stock, and a large number of deputy state 
veterinarians in the different counties, as well as other 
employees. The state poultry board has similar duties 
in connection with the poultry industry of the state. 
Most of the members of these boards are appointed by 
the governor, and the legislature appropriates money 
for the expenses of their work. In addition there are 
a large number of agricultural societies which help the 
state boards. 

In order to secure better methods in agriculture, 
horticulture, and the management of live stock and 
poultry, experiments are carried on at the state agri¬ 
cultural experiment station , which is a part of the Uni¬ 
versity of Missouri, at Columbia, and at the state 
fruit experiment station , and the state poultry experi¬ 
ment station , both of which are located at Mountain 
Grove. 

The game and fish commissioner enforces the laws 
for the protection of game animals, birds, and fish, 
and maintains fish hatcheries for stocking the rivers 
and other waters of the state. 

Public Health and Safety. — A state board of health 
looks after conditions affecting the health of the public 
in general. There are also local boards of health in 
cities and counties. An inspector of hotels enforces the 
laws regarding fire escapes and sanitary conditions 


102 


GOVERNMENT IN MISSOURI 


in hotels. The state laws relating to pure food and 
drugs are enforced by the state food and drug commis¬ 
sioner , appointed by the governor. In order to protect 
the public against kerosene, gasoline, and other petro¬ 
leum oils which are unsafe for use, the law requires 
such oils to be inspected before being sold. The in¬ 
spection is made by a state inspector of oils, who has a 
number of deputy inspectors to assist him. 

In the case of some professions and occupations it is 
highly important that people shall know that a person 
is able to practice or do the work he claims he can do. 
In such cases the law requires that an examination 
shall be passed before a person can get a license to 
practice. Any one practicing in Missouri without a 
license is subject to a fine or imprisonment. The state 
board of health conducts such examinations for physi¬ 
cians, while the state board of law examiners, appointed 
by the supreme court, does the same for lawyers. 
Other boards of examination are the board of pharmacy, 
Missouri dental board, board of osteopathic registration 
and examination, board of nurse examiners, veterinary 
examining board, board of public accountancy, board of 
examiners for barbers , and board of embalming. 

Miscellaneous Departments. — The board of perma¬ 
nent seat of government has charge of the public buildings 
and other property at the capital. A state highway 
commission of four members has general supervision of 
state construction and improvement of roads. It ap¬ 
points a chief engineer who has control of all road con¬ 
struction for which state appropriations are made. The 


THE STATE EXECUTIVE 


103 


commissioners of public printing make contracts for the 
state printing, which is under their control. The 
Missouri waterway commission investigates questions 
connected with the waterways of the state. 

Suggestive Questions 

Name some local officials who execute state laws. Why is it 
necessary to have state executive officials ? 

Who is governor of Missouri? How is the governor chosen? 
For what term ? What is his salary ? What are his qualifications ? 

Who is lieutenant governor of Missouri ? How is this officer 
chosen? For what term? What is his salary? What are his 
duties ? In case of vacancy who succeeds the lieutenant governor ? 

What are the governor’s powers over legislation? How does 
his position in his political party affect this matter ? 

What is the governor’s power of granting reprieves, commuta¬ 
tions, and pardons ? What is a parole ? 

Give an example of the governor’s power in dealing with other 
states; in dealing with the national government. 

Explain the governor’s power of appointment. Name some 
official who has been appointed by the governor of Missouri. 

Name the other executive officials provided by the state con¬ 
stitution. How are they chosen ? For what terms? What salaries 
do they receive ? How are other officials provided ? How are they 
chosen ? 

Who is secretary of state of Missouri? What are his chief 
duties ? 

What is the National Guard of Missouri? For what purposes 
does it exist? What powers has the governor over it? Through 
whom does he control its affairs? Are there any state soldiers in 
your county ? 

Name the officials who attend to matters affecting labor. Are 
there any mines or factories in your county ? 

Give an account of the duties of the public service commission; 
the warehouse commissioner. 

Explain the duties of the superintendent of insurance. Give 
an account of the duties of the commissioner of finance. Is 


104 


GOVERNMENT IN MISSOURI 


there a building and loan association in your city? Is there a 
state bank? 

Name some of the matters attended to by the state board of 
agriculture. Name some of the other officials who have duties in 
connection with agriculture and similar interests. 

Explain the duties of the state board of health; the state food 
and drug commissioner; the state inspector of oils. 

How do lawyers secure a license to practice ? physicians ? den¬ 
tists ? Name the other classes of persons who need a state licensee 


CHAPTER XII 


REVENUE AND EXPENDITURES 

Necessity of Revenue. — No government can exist 
without some means of paying its expenses. This is 
true in a family, school, or church government as well as 
in political government. In a family each member 
who is physically able gives his labor or money which 
he earns by work outside of the family. In a school 
each member of a literary society pays his share of the 
money needed to pay the expenses of an entertainment, 
or the money is raised by charging a fee for admission. 
The expenses of a church are paid out of gifts made by 
members. The government of a state has many ex¬ 
penses. It must pay its officials, build public buildings, 
purchase supplies for state institutions, support public 
education, and provide the things needed for the many 
activities of the state. In a few cases, as in the family, 
persons may furnish the government the service or 
thing needed. Thus members of school boards serve 
without pay, and men may work upon the county 
roads or furnish a team for such work. In most cases, 
however, the things needed cannot be had without 
money. 

The revenue of the government is its income, or the 
money which it receives from its citizens and other 
persons. It comes from four general sources, — taxes, 
105 


106 


GOVERNMENT IN MISSOURI 


special assessments, fees, and loans, or money borrowed 
by the government. 

Taxes. — A tax is that which the government com¬ 
pels persons to pay for its support. We have seen that 
the government exists for the benefit of the people. 
It protects them and does many other things in their 
interest. As it cannot exist without money, every one 
should be just as willing to pay his taxes as he is to 
meet a part of the expenses of his family, society, or 
church. The members of a family who can not or 
do not work may become paupers and thus destroy 
the family society. If a government could not raise 
money by taxes, it would become bankrupt; that is, 
unable to pay its debts. In a ball club, if a boy does 
not pay his share of the expenses, he may be put out 
of the club. In the same way, if one does not wish 
to pay his taxes he may leave the state and take his 
property with him. If he continues to live in the state 
or has property in it, he owes it the duty of paying taxes. 
As it would not be just to those who are willing to pay 
their taxes if others did not pay, the government has 
the power to compel payment and, if necessary, to sell 
the property of a person for this purpose. 

Amount Paid by Each Taxpayer. — We may agree 
that members of the state should pay taxes, but we 
must also answer the question of how much should be 
paid by each taxpayer. In a ball club, each one pays 
the same membership fee. On the other hand, in the 
family each member does as much as he can, and in a 
church members are supposed to give what they can 


REVENUE AND EXPENDITURES 


107 


afford. In some cases a tax is the same for all persons. 
This is called a poll tax, meaning a tax of an equal 
amount for each head, or person. As some men are 
much better able to pay than others; a poll tax is not 
as a rule fair or just. 

As the state thinks that people should pay taxes 
according to their ability, it does not collect poll taxes . 1 
It is believed that a man’s ability to pay taxes depends 
upon the amount or value of the property he owns. 
Hence the chief tax collected by the state is a tax on 
property, or, as it is called, the general property tax. 
Other taxes collected by the state will be noted below, 
but, as will be seen, more revenue is brought in for 
the state from the general property tax than from any 
other single source of taxation. The general property 
tax is not only the chief tax for state purposes, but is also 
the most important tax used for county, city, and school 
purposes. 

Assessment of Property for Taxes. — If a man is to 

be taxed upon his property, there must be some method 
of finding out what he owns and fixing its value. This 
method is called an assessment. Assessments are made 
by assessors, one of whom is elected in each county . 2 
It is the duty of the assessor to assess, or fix the value 
of, all property in his county. A taxpayer is required 
to fill out each year a statement or list of his property 

1 Poll taxes are used in counties for road purposes and are collected in 
some cities. 

2 In counties having township organization, assessors are elected for each 
township, and there is no county assessor. 


108 


GOVERNMENT IN MISSOURI 


with its value on June 1 and give it to the assessor. 
The assessor may increase the value fixed by the owner. 

If a man thinks that the value at which his property 
has been assessed is too high, he can appeal from the 
decision of the assessor to the county board of equaliza¬ 
tion , consisting of the members of the county court, 
surveyor, and assessor. This board gets its name from 
the fact that it equalizes assessments among different 
taxpayers in the county; that is, increases those which 
are too low and reduces those which are too high. A 
state board of equalization , consisting of the governor, 
secretary of state, attorney-general, state auditor, and 
state treasurer, equalizes assessments among the differ¬ 
ent counties of the state. A state tax commission of 
three members appointed by the governor assists the 
state board of equalization and has general supervision 
over taxation in the state. It also assesses the property 
of railroad, street car, bridge, telegraph, telephone, and 
express companies, which is of such a nature that it 
cannot be assessed by the county assessors. 

Rate of Taxation. — After a man’s property has been 
assessed, the amount of tax he must pay depends upon 
the rate of taxation. The rate is a certain percentage 
of the assessed value of property. It is usually stated 
as a certain amount for each one hundred dollars of 
assessed value. For example, the rate of taxation for 
all state purposes is ten cents on each one hundred 
dollars assessed value, which is the same as one tenth 
of one per cent. The rate is levied, that is, fixed, 
by the general assembly for state purposes, by 


REVENUE AND EXPENDITURES 109 

the county court for county purposes, by the township 
board for township purposes, by the city council (legis¬ 
lature) for city purposes, and by the board of education 
for school purposes. The rates must not be higher 
than the amounts fixed by the state constitution . 1 
In some cases the consent of the voters is necessary 
for an increase in the rate of taxation. 

Collection of Taxes. — All divisions of government 

— state, county, township, school, city, village, and 
in some cases road districts — must levy taxes for 
support. It would cause much trouble to the taxpayer 
and be of great expense to the government if taxes for 
each purpose had to be paid to a separate collector. 
Hence in general there are only two classes of collectors, 

— the city collector and the county collector . 2 

City taxes are paid to the city collector, but all other 
taxes for local purposes (county, school, etc.) and all 
taxes for state purposes except some special taxes 
referred to later are paid to the county collector . 3 
In order to make it easy for people to pay their taxes, 
the collector or his deputy meets the taxpayers at some 
place or places in each township, giving public notice 
of the time he will meet them. Taxes must be paid 
not later than the first day of January. If not paid 
by that time they are said to be delinquent , and one per 
cent interest is charged on the amount of such taxes 
for each month or part of month they remain unpaid 

1 See Constitution of Missouri, Art. X., Sec. 8, 11, 22, 26. 

2 In the city of St. Louis all taxes are paid to the city collector. 

8 In counties under township organization a collector elected in each towe- 
ship takes the place of the county collector. 


no 


GOVERNMENT IN MISSOURI 


after that date. The state holds a man’s property as 
security for his taxes. The collector can bring suit 
in a court against persons whose taxes are delinquent, 
and the judgment may be enforced by the sale of 
enough of his property to pay the taxes. 

Taxes on Liquors. — The use of intoxicating liquors 
leads to so much distress, poverty, and crime that strict 
regulations have been made regarding their manufac¬ 
ture and sale. No one could run a saloon without 
securing a license or permit from the county court. 
This license would not be granted unless a majority of 
the taxpaying citizens owning property in the block in 
which the saloon was to be situated would sign a peti¬ 
tion for it. 1 A “local option” law permitted any 
county, and also any city containing more than 2500 
inhabitants, to vote upon the question of having 
saloons. If a majority voted against saloons, they 
could not be licensed in such county or city. 

In order to reduce the number of saloons in places 
where they were licensed the state provided for taxes 
to be paid to the state, county, and city for each saloon 
license granted. This tax was $400 a year for the state 
and from $500 to $800 for the county. The city tax 
was usually much higher. Manufacturers and others 
dealing in intoxicating liquors were also required to 
take out licenses and pay state taxes on them. A tax 
was also levied upon all beer sold in the state. The 
adoption of the Eighteenth Amendment to the Con- 

1 In cities with less than 2000 inhabitants the petition had to contain also 
the names of a majority of the taxpaying citizens of the city. 


REVENUE AND EXPENDITURES 


111 


stitution of the United States prohibited the manufac¬ 
ture or sale of intoxicating liquors and thus took away 
this large amount of revenue. The state continues to 
collect taxes upon soft drinks like soda pop. These 
taxes are collected by the state beverage inspector. 

Other Taxes. — The state levies an inheritance tax 
on property which a person receives as a result of the 
death of another person. The rate varies according to 
the relationship of the persons and increases with the 
value of the inheritance. Exemptions of certain 
amounts exist for relatives. There is also an income 
tax similar to the national income tax (page 170) but 
the rate is only one per cent. Owners of automobiles 
pay license taxes which are used for the improvement 
of roads. 

As we have seen, all corporations must receive their 
charters from the state. Taxes are levied upon such 
corporations, according to the amount of capital which 
they have in their business. The insurance companies 
of this state are taxed on their property. Insurance 
companies of other states, or foreign insurance com¬ 
panies, as they are called, do not have much of their 
property in Missouri, though they may do a great deal 
of insurance business. The state levies upon these 
foreign insurance companies a tax of two per cent of 
the total amount of premiums collected by them in 
Missouri. As these companies are not taxed by coun¬ 
ties, the state gives the counties one half of the income 
from this tax. 

Special Assessments. — A government pays most of 


112 


GOVERNMENT IN MISSOURI 


its expenses out of its revenue from taxes. In some 
cases it does things which are of special benefit to a 
group of persons, and makes these persons pay the 
cost in proportion to the benefit each has received from 
the improvement made by the government. This 
amount which each must pay is called a special assess¬ 
ment or special tax. This method is used a great deal 
in cities in paving streets and sidewalks, and in building 
sewers. The city may pay the cost of these improve¬ 
ments out of its general income from taxes, but as these 
improvements increase the value of the property along 
which they are made, it is usual to issue special tax 
bills against such property for the cost of the improve¬ 
ment. Special assessments are not generally used by 
the state or county, though in some cases they are used 
for improving county roads or draining swamp lands. 

Fees. — A fee is a payment made by a person for 
some act done for him by a public official. Thus when 
a deed to property is recorded or a marriage license is 
issued, the recorder collects a fee for it. We have 
seen that most of the county officials get a part or 
all of their compensation from the fees which they 
collect. Many of the state officials are paid fees for 
special acts which they perform, but these fees are 
turned into the state treasury. 

In the case of officials and boards having to do with 
the inspection of mines, factories, banks, and other cor¬ 
porations, and the examination and licensing of persons 
to engage in certain professions and occupations, the 
fees charged are sufficient to pay the salaries of the 


REVENUE AND EXPENDITURES 


113 


officials and all the expenses of their offices. In the case 
of the state superintendent of insurance and the state 
inspector of oils, the amount collected for fees is much 
greater than the expense of the offices. In the case of 
the state beverage inspector, the fee is really a tax, and 
produces a large amount of revenue. 

Public Loans and Bonds. — A government may at 
times need more money than it can raise in a single year 
by taxation. A county may need a courthouse or 
jail, or a city may wish to build a water and light plant. 
A building may be needed for a school or a state capitol. 
In such cases the government must act like an indi¬ 
vidual — it must borrow the money and pay it back in 
small portions from year to year. In such cases the 
government issues bonds, which, like an individual’s 
notes, are promises to pay back the loan within a cer¬ 
tain time with interest at a certain rate until paid. 
As the credit of Missouri and its counties and cities 
is good, they can borrow money at low rates of interest. 
In order to prevent extravagance and corruption, loans, 
except for small amounts, cannot be made without the 
consent of two thirds of the voters, and the total 
amount of the loan must not exceed a certain per cent 
of the assessed value of property. The state board of 
fund commissioners attends to the sale of state bonds. 

At the time of the Civil War Missouri had a large 
state debt. This was gradually paid off, until in 1903 
there were no state bonds unpaid. $3,500,000 in bonds 
were authorized in 1911 to build a new Capitol, but all 



114 


GOVERNMENT IN MISSOURI 


of these will be paid by 1923. $1,000,000 in bonds for 
soldier settlement and $60,000,000 for good roads were 
authorized in 1920 and in the following year $15,000,000 
were authorized for bonuses for soldiers. 

State and Local Treasurers. — As we have seen, there 
is a state treasurer , and there are also treasurers for the 
different kinds of local government. The city collector 
pays over all taxes which he has collected to the city 
treasurer. The county collector pays over county taxes 
to the county treasurer, school taxes to the treasurer 
of the school district, and state taxes to the state treas¬ 
urer. It is the duty of the treasurers to keep the 
money in banks which have agreed to pay interest for 
the same. The money is to be paid out only when a 
proper warrant , or order, is presented. All classes of 
treasurers must give bonds as security for the public 
money in their control. 

Appropriations. — Money which has been paid into 
the treasury cannot be paid out until it has been appro¬ 
priated; that is, set aside to meet certain expenses. The 
legislature makes appropriations of the money belonging 
to the state, while the county court, city council, and 
board of education do the same for the money of the 
county, city, and school district. The money is appro¬ 
priated to pay. the salaries of officials and for other 
purposes for which money can be spent by the state 
and local governments. 

State Auditor. — Legislative bodies make appropri¬ 
ations, but the expenditures are made by executive 
officials. It is necessary that some one should see that 


REVENUE AND EXPENDITURES 


115 


these expenditures are made as provided by the legis¬ 
lature and that the prices charged the government are 
not too high. Hence accounts against the state go 
to the state auditor , and if he approves of them he 
issues the warrants for their payment out of the state 
treasury. In local governments the clerks usually issue 
such warrants upon the order of the county courts, city 
councils, etc., for the payment of money out of the 
local treasuries. 

It is also necessary to keep a check upon collectors 
and treasurers who handle public money. This is done 
by means of bookkeeping in the office of the state 
auditor. Accounts are kept with county collectors 
and the state treasurer. Similar accounts are kept 
by the county and city clerks or comptrollers for local 
collectors and treasurers. 

Before the meeting of each general assembly, the state 
auditor prepares an estimate of the appropriations 
which should be made, and makes his report when 
the legislature meets. He has other important 
duties relating to the revenue and expenditures of the 
state. 

Revenue and Expenditures in Missouri. — As the 

legislature meets regularly only once in two years, ap¬ 
propriations are made for a two-year period. The 
sources of general state revenue are shown in the fol¬ 
lowing table, which is for the years 1919 and 1920. 1 

1 This table is prepared from figures given in the report of the state 
auditor, which is published every two years. 


116 


GOVERNMENT IN MISSOURI 


GENERAL REVENUE FOR 1919 AND 1920 


General Property Tax.$ 8,086,412 

License Taxes on Saloons. 1,182,052 

Beverage Inspection Tax. 646,497 

Inheritance Tax. 2,944,450 

Income Tax. 3,763,239 

Incorporation Tax. 448,250 

Corporation Franchise Tax.• 3,658,954 

Foreign Insurance Company Tax. 1,134,419 

Fees of State Inspector of Oils. 321,758 

Interest on Deposits in Banks. 619,947 

Miscellaneous Fees, Taxes, etc. 1,449,105 


Total. $24,255,083 


The above table does not include the receipts of state 
penal and charitable institutions, and fees charged by 
many state departments where these are used for the 
support of these institutions and departments, as such 
amounts are not treated as a part of the general revenue 
fund of the state. 

The largest amount of state expenditures is for public 
education, including money appropriated for public 
schools, the state teachers colleges, Lincoln University, 
and the University of Missouri. Other important 
items of expenditures are those for the state charitable 
institutions, the departments of state government, 
assessing and collecting the revenue, prosecution of 
criminals, and promotion of agriculture. 

Suggestive Questions 

Why does a government need money? From what sources can 
it get money? 













REVENUE AND EXPENDITURES 


117 


What is a tax? Why should persons pay taxes? How much 
should each one pay? What is a poll tax? Are poll taxes levied 
in your city or county? Are they good taxes? 

What is the general property tax? What is an assessment? 
How is it made? What are the county and state boards of equali¬ 
zation? 

What is meant by the rate of taxation? What is the rate for 
state purposes? What is the rate of taxation in your county or 
township? in your city? in your school district? 

How are taxes collected? What are delinquent taxes? How is 
their payment enforced? 

Name some of the other state taxes. 

What are special assessments ? Are they levied in your city ? 
How do they help the revenue of the city ? 

What are fees ? Give some examples of fees. How do they help 
the revenue of a government ? 

Why is it necessary for a government to borrow money ? What 
are bonds ? What is necessary before bonds can be issued ? What 
is the bonded debt of your county? of your township? of your 
city ? of your school district ? For what purposes were these debts 
created ? 

How is the revenue from taxes paid into the state and local 
treasuries? Where do the treasurers keep it? What interest is 
paid by banks for the deposit of your county’s money? of your 
city’s money ? of your school district’s money ? 

What is meant by “appropriation”? How are expenditures 
controlled ? How is control kept over collectors and treasurers ? 


CHAPTER XIII 


PUBLIC EDUCATION 

Need of Public Education. — The state has a deep 
interest in the education of its citizens. The educated 
farmer can get better crops than his neighbor who has 
not had any training. In the same way the laborer, 
merchant, or professional man who has had an educa¬ 
tion can do more than one who has not had this advan¬ 
tage. Hence the larger the number of educated citizens 
in a state, the greater will be its wealth and prosperity. 
Citizens must be educated also in order that they may 
know how to vote. A government cannot be better than 
the citizens. If voters are ignorant, the government 
which they elect will probably be weak and corrupt. 
They will not know enough to choose good or able offi¬ 
cials. Hence in some states no one is allowed to vote 
unless he is able to read or write. 

While private schools can furnish a good education, 
they are not sufficient. Most of the people could not 
afford to pay the charges of such schools. When only 
the rich could vote, public schools were not needed to 
educate the voters. To-day, however, when prac¬ 
tically all adults vote, the state must furnish free public 
schools in which the future voters can be educated and 
trained in the duties of citizenship. These are not 
charity schools, as the state expects to get something 
in return for the large amount of money which it spends. 

118 


PUBLIC EDUCATION 


119 


It expects that those whom it is educating will become 
useful citizens, who will serve the public by voting for 
good officials and by helping in every way to improve 
conditions in the state. 

Public Education in Missouri. — Free public schools, 
which have existed in Missouri for many years, are 
guaranteed by the following provision of the state 
constitution: “ A general diffusion of knowledge and 
intelligence being essential to the preservation of the 
rights and liberties of the people, the General Assembly 
shall establish and maintain free public schools for the 
gratuitous instruction of all persons in this State 
between the ages of six and twenty years.” The legis¬ 
lature considers education of so much importance that 
it is made the duty of parents and guardians to send 
to a public or private school all children between the ages 
of eight and fourteen years . 1 Parents or guardians 
who fail to obey this law may be punished by a fine 
or imprisonment, or both. 

Public education in Missouri is carried on in four 
different classes of schools, — common or elementary 
schools, high schools, state normal schools, and the state 
university. The management of elementary and high 
schools is carried on by boards which are elected in the 
school districts into which the state is divided. There 
are four classes of such districts, — common school 
districts, consolidated school districts, town school 
districts, and city school districts. 

1 Children between the ages of fourteen and sixteen years must also attend 
unless they are at work in some way. 


120 


GOVERNMENT IN MISSOURI 


Common School Districts. — The common school dis¬ 
tricts are found outside of any city or town. They 
are not large, and usually contain only a small number 
of children of school age. The small size of the district 
puts most of the children within walking distance of 
the school. On the other hand, the taxes which can 
be collected in such a district are usually not large 
enough to support a good school. The state gives 
special grants of money to some of these districts. A 
better plan is to organize a consolidated school district. 

Consolidated School Districts. — Three or more 
common school districts may unite to form a consoli¬ 
dated school district. 1 Such a district, with more revenue, 
can have a better elementary school than any one of the 
separate common school districts of which it is formed. 
It may also maintain a high school. These districts 
may be so large that pupils cannot walk to the school. 
Hence the law provides that the school board of any 
district may, with the approval of two thirds of the 
voters, furnish free transportation to all pupils living 
more than one half mile from the schoolhouse. In 1920 
there were 161 consolidated school districts in Missouri, 
but soon this number will probably be much larger. 

Town and City Districts. — Town school districts are 
those which contain a town or village or a city of the 
fourth class. City school districts contain a city of 
the first, second, or third class. In town and city 
districts the population is much larger than in common 

1 A town district with less than 200 children of school age may become 
part of a consolidated district. 


PUBLIC EDUCATION 


121 


school districts. While the area is sometimes smaller, 
the property is more valuable and hence the revenue 
is larger. A high school as well as an elementary school 
is maintained, and in the larger cities there are one or 
more elementary schools in each ward of the city. 

School Elections. — In common school districts there 
is an annual meeting of the voters on the first Tuesday 
in April. In this meeting the voters elect a member 
of the school board of directors, fix the rate of the 
school tax and the length of the school term, and 
decide a number of other questions relating to the 
school. In consolidated and in town and city districts 
there is no meeting of the voters, but there is an annual 
election held on' the same day to elect members of the 
school board and to decide upon any increase in the 
school tax. In St. Louis, Kansas City, and St. Joseph, 
the school election is held every two years instead of 
annually. 

Board of School Directors. — The management of the 
schools is in the charge of a board of education or board 
of directors , who are elected for terms of three years. 1 In 
common school districts there are three members, one 
being elected each year. In other districts there are 
six members, two being chosen at each election. 2 Mem¬ 
bers must be taxpayers, but women may be chosen as 
well as men. The board employs teachers, builds 
schoolhouses, and has general charge over all matters 
relating to the schools. 

1 In St. Louis, Kansas City, and St. Joseph the term is six years. 

2 Twelve members in St. Louis, four being chosen at each election. 


122 


GOVERNMENT IN MISSOURI 


School Term. — The law requires that a school shall 
be held for at least eight months in each year. Some 
common school districts which cannot raise enough 
revenue for this purpose are given a certain amount 
from the state treasury. In most of the city districts 
the term is nine months, and in some it is ten months. 

Teachers , Certificates. — We have seen that the 
law does not permit a lawyer, physician, or the like, to 
practice without a license given as the result of an ex¬ 
amination. In the same way the law does not permit 
any one to teach in the public schools without a certifi¬ 
cate, or license to teach. A teacher’s certificate is 
granted after examinations held by the state superin¬ 
tendent or the county superintendent df schools. 1 The 
school of education of the University of Missouri and the 
state normal schools may issue such certificates to their 
students. 

Principals and City Superintendents. — There are 
so few pupils in the common school districts that there 
is usually only one teacher for the entire school. In 
the other classes of districts where there are several 
teachers, a principal is appointed to have general charge 
of the school and to advise and direct the teachers in 
their work. In cities where there are a number of 
schools there is usually a city superintendent , who has 
general charge over all the schools and teachers, and 
advises the school board in their management of the 
affairs of the school district. He looks after the course 

1 In St. Louis, Kansas City, and St. Joseph the examinations are conducted 
by the city superintendents. 


PUBLIC EDUCATION 


123 


of study, classification of pupils, order and discipline, 
buildings, furniture, and grounds. In large cities he has 
so many things to attend to that he has no time to 
teach classes. 

County Superintendent of Schools. — Common school 
districts and other districts with a small population can¬ 
not afford to employ a superintendent. In order that 
such schools may have the benefit of supervision, there 
is elected in each county a county superintendent of 
public schools. His duties are similar to those of a city 
superintendent. As the schools are scattered all over 
the county, he cannot visit each school as often as is 
done by the city superintendent. As we have seen, the 
county superintendent gives examinations for teachers 
who wish to get a certificate to teach. He also holds 
public meetings of teachers and school officials, and 
arranges for a county teachers’ association for the pur¬ 
pose of discussing matters of interest to the schools 
and teachers. He is president of the county school text¬ 
book commission , which also includes two teachers,— 
one appointed by the county court and the other by 
the state board of education. The textbook commission 
adopts textbooks which are to be used in the public 
schools of the county except in cities which have more 
than 1000 children of school age, or have high schools 
which are accredited by the state university. In such 
cities the textbooks are adopted by the city school 
board. 

State Superintendent of Public Schools. — The state 
superintendent of public schools is elected by the voters 


124 


GOVERNMENT IN MISSOURI 


of the state for a term of four years. He has many 
duties relating to public education in the state. He 
visits or sends his representatives to all parts of the 
state for the purpose of examining schools and giving 
advice and assistance to the school officials and teachers. 
He looks after the money appropriated by the state 
for public schools, and sees that it is distributed among 
the different counties and school districts. The state 
superintendent holds examinations for teachers’ certifi¬ 
cates, and prepares all questions used in the examina¬ 
tions held by the county superintendents. He may 
revoke a certificate in case of neglect of duty by the 
teacher or for other good cause. He is a member of a 
number of state educational boards, and collects and 
publishes information about the schools of the state. 

School Revenues. — Public schools are supported 
by the government, but this support comes from a 
number of different sources, the most important of 
which are the income from school funds, appropria¬ 
tions made by the general assembly, and school district 
taxation. 

School Funds. — The school funds are permanent 
investments for the support of the public schools. The 
interest from these investments is used for such sup¬ 
port, but the principal cannot be reduced. There are 
four kinds of public school funds. The state public 
school fund, which is under the control of state officials, 
and amounts to $3,159,281, was derived from the sale 
of certain lands given to the state by the national 
government, and from other sources. The county public 


PUBLIC EDUCATION 


125 


school fund, which exists in each county of the state, 
comes chiefly from fines collected in the county. The 
total of all the county school funds in 1916 was 
$5,919,211, but this amount is constantly increasing. 
The township school funds amount to $2,514,123. The 
national government gave to the state, for the use of 
public schools, one section of land in each congressional 
township. This land was sold, and the proceeds in each 
township form the township school fund for the use of 
school districts in that township. The county court 
has charge of the investment of the county school fund, 
and also of all the township school funds of the county. 
In addition certain school districts have special district 
funds coming from gifts made to them and from other 
sources. The total amount of such special funds is 
$2,620,624, the greater part of which belongs to the dis¬ 
trict of the city of St. Louis. 

State Appropriations for Public Schools. — The 
general assembly appropriates for public schools one 
third of all the ordinary revenue coming into the state 
treasury. This is a very large sum, which increases 
each year. This amount is added to the interest on the 
state school fund, and the total is divided among the 
counties of the state. Until 1912 the amount each 
county received depended upon the number of persons 
of school age. Thus in 1911, the total amount divided 
was $1,769,274.62. As there were 975,504 persons of 
school age, the amount for each person was $1,813. 
This method was unfair, as a county received the aid 
from the state regardless of the number of pupils who 


126 


GOVERNMENT IN MISSOURI 


were actually in school. Hence the rule was changed 
(1912), so that now the amount received by each county 
depends chiefly upon the number of persons attending 
public schools and the length of time during which they 
attend. Thus the money from the state goes where it 
is most needed. Laws have been passed for granting 
special state aid to school districts which are unable 
to raise sufficient revenue by taxation. Aid is also 
given to approved high schools giving teacher training 
courses. The amount received by each county from 
the state, and the income from the county and town¬ 
ship school funds, are divided among the different 
school districts of the county. 

School District Taxation. — The total amount of 
income from the school funds and state appropriations 
is very large, but the amount received by any school 
district is not sufficient to support the school or schools 
of the district. Each district raises the balance needed 
by taxation on property in the district. As a rule the 
amount raised in any year is not enough to pay the cost 
of new school buildings. Hence the school board, with 
the consent of two thirds of the voters, may borrow 
money and levy additional taxes to pay the interest and 
repay the loan within twenty years. 

Schools for Colored Children. — In Missouri the law 
requires that white and colored children shall be edu¬ 
cated in separate schools. The board of directors of a 
school district is required to maintain a free school for 
colored children. It is provided that the length of the 
school term and the advantages and privileges of the 


PUBLIC EDUCATION 


127 


school shall be the same as are provided for other schools 
of corresponding grade within such school district. 

Public High Schools. — For a long time it was 
thought that the common or elementary schools could 
furnish all the education needed by the citizens. Pri¬ 
vate academies provided the second grade of education 
for those who could afford to pay the cost of tuition. 
But it is now realized that all citizens need this training, 
and to-day it is provided free of charge in public high 
schools in cities, towns, and consolidated districts. The 
state superintendent of public schools inspects these 
schools, and classifies them according to the work which 
they do. In 1920 there were 329 first-class schools, 100 
second-class schools, 193 third-class schools, and 81 un¬ 
classified, a total of 703 public high schools in the state. 

State Teachers Colleges. — We cannot have good 
schools unless we have good teachers. Hence the state 
provides teachers colleges or normal schools for the 
training of teachers. The counties of the state are 
divided into five districts, for each of which there is a 
state teachers college. These colleges are located at 
Kirksville, Warrensburg, Cape Girardeau, Springfield, 
and Maryville. Each is governed by a board of regents , 
consisting of six men appointed by the governor, and 
the state superintendent, who is a member by virtue 
of his office. Students in these colleges pay small fees, 
but the chief support comes from appropriations made 
by the state legislature. In the school of education of 
the state, university, teachers are trained for work in 
the elementary schools, high schools, and colleges. 

GOVT. MO.- 9 


128 


GOVERNMENT IN MISSOURI 


University of Missouri. — The state must also pro¬ 
vide higher education for scholars and teachers, and 
for those who wish to become trained farmers, lawyers, 
physicians, engineers, business men, and journalists. 
The University of Missouri is the state institution for 
higher education. It includes a college of arts and 
science, college of agriculture, graduate school, and 
schools of education, law, medicine, engineering, busi¬ 
ness and public administration, and journalism, located 
at Columbia, and the school of mines at Rolla. The 
university is governed by a board of curators , consisting 
of nine members appointed by the governor for a term 
of six years. The university has an endowment fund 
of about $1,250,000, derived chiefly from the national 
government. In addition to the interest on this fund 
the university receives appropriations from the state 
legislature and, for certain purposes, from the national 
government. 

Lincoln University, the state school for colored 
students, is located at Jefferson City. 

Miscellaneous. — The Missouri Library Commis¬ 
sion, appointed by the governor, advises and assists 
cities and schools in building up libraries. The State 
Historical Society of Missouri, located at the state 
university, collects and preserves books, newspapers, 
and other material of value for the history of the state. 

SUGGESSTIVE QUESTIONS 

<* o 

Why is the state interested in education? Why are public 
schools necessary? How has education been made compulsory 
in this state? Is there a truant officer in your school district? 


PUBLIC EDUCATION 


129 


What return does the state expect from those who are educated in 
public schools ? 

Name the different classes of public schools. Who controls the 
elementary and high schools? Name the classes of school dis¬ 
tricts. In which class does your school district belong ? 

What is the chief advantage of a common school district? 
What is its chief disadvantage? What is a consolidated district? 
What benefit results from consolidation? 

What is a town school district ? What is a city school district ? 
What advantage do they have over common school districts? 

For what purposes is the school election held ? When is it held ? 
How does the school election in common school districts differ 
from that in other districts? 

How many members of the school board are there in common 
school districts ? in other districts ? What is their term of office ? 
What are their powers ? Do they receive any salary ? 

What is the length of the school term in your school? Is this 
as long as or longer than the state law requires ? 

What is a teacher’s certificate ? How may it be secured ? 

Explain the duties of a principal; of a city superintendent; 
of a county superintendent; of the state superintendent. How is 
each of these officials chosen? 

Name the different kinds of school funds. How are the county 
and township funds invested ? 

How much money is appropriated by the legislature for public 
schools ? What was the former method of distributing this money 
among the schools ? Compare with the present method. 

Why are public high schools needed ? How. many high schools 
in your county? How are they classified by the state superin¬ 
tendent ? 

For what purpose are teachers colleges established? Where are 
they located? In which teachers college district do you live? How 
is each teachers college governed? How supported? 

Why has Missouri a state university? Name some of its col¬ 
leges and schools. How is it governed? How supported? 


CHAPTER XIV 


PUBLIC CHARITY 

Necessity of Public Charity. — One who is able to 
work does not need and should not receive charity. 
Those, however, who on account of age, sickness, or 
misfortune cannot provide for themselves and have no 
relatives to furnish support, deserve public sympathy 
and charity. Public charity includes also the duty of 
providing schools for the deaf and blind, and hospitals 
for the insane and feeble-minded. All of these persons 
who are dependent should receive public aid and kind 
treatment. 

Charity in Counties. — In most cases, poor persons 
are given help by the county in which they live. The 
county court attends to this public charity. Food, 
fuel, clothing, and medicine are given to such persons 
in their homes. The county also has an infirmary , 
or poorhouse, in which are kept persons who will never 
be able to support themselves. In most cases cities 
also give support to the poor. 

State Charity. — The counties are unable to provide 
proper care for the insane or to educate the blind or deaf. 1 
Hence the state has institutions for these purposes^ 
There are four hospitals for insane persons , located at 


1 The city of St. Louis has its own insane asylum. 
130 


PUBLIC CHARITY 


131 


Fulton, St. Joseph, Nevada, and Farmington; an in¬ 
stitution for the feeble-minded and epileptic , at Marshall; 
and a state sanatorium at Mount Vernon for the treat¬ 
ment of consumption in its earlier stages. These in¬ 
stitutions are governed by a board of managers of six 
members appointed by the governor for terms of four 
years. The state maintains also a school for the blind, 
at St. Louis; a school for the deaf, at Fulton; a Con¬ 
federate soldiers’ home, at Higginsville; and a Federal 
soldiers’ home, at St. James. Each of these institutions 
is governed by a board of managers of five members, 
appointed by the governor for terms of four years. In 
most of these institutions fees are paid by the patients 
or by the counties from which they come. A Missouri 
commission for the blind has duties relating to the wel¬ 
fare of blind persons. 

Institutions for Young Criminals. — In many cases 
the crimes of young criminals are the result of evil com¬ 
panions and bad examples. If such persons are kept 
in jail or sent to the state penitentiary, where other 
criminals are kept, these evil associations will be con¬ 
tinued. If they can be taken away from such bad in¬ 
fluences and given good examples and training, they 
may be reformed and made good citizens. For this 
purpose the state has established the Missouri reforma¬ 
tory for boys, at Boonville, the industrial home for girls, 
at Chillicothe, and the industrial home for negro girls at 
Tipton. In these places, the boys and girls are taught 
useful trades and occupations. These institutions are 
supported in the same way as the state charitable in- 


132 


GOVERNMENT IN MISSOURI 


stitutions, but are controlled by the commission of penal 
institutions, which also has charge of the penitentiary. 

State Penitentiary. — A county has & jail, and a city 
a calaboose, or city prison, in which are kept persons 
who are waiting for trial and also those who are being 
punished by short terms of imprisonment. If the term 
is for more than one year, the prisoner is sent to the 
penitentiary, or state prison, located at Jefferson City. 
The penitentiary is under the control of the commission 
of penal institutions, consisting of five commissioners 
appointed by the governor. This board appoints a war¬ 
den, physician, and other officials for the penitentiary 
and makes rules for its management. A person under 
30 years of age who is guilty of a crime which is his first 
offense may be sent to the Missouri reformatory instead 
of to the penitentiary, and any person of this age who is 
in the penitentiary may be transferred by the governor 
to the reformatory. In this way the prisoner has a 
better chance to reform and become a good citizen. 

State Board of Charities and Corrections. — The 
poor, insane, and dependent classes may suffer from 
neglect or bad treatment on the part of the officials 
or attendants. The same may be true of prisoners in 
jails and in the penitentiary. In order to protect these 
unfortunate persons there is a state board of charities 
and corrections, consisting of the governor and six 
members appointed by him. It is the duty of this 
board to investigate all public institutions for charity 
or correction, whether state or local, and to make 
reports regarding them. 


PUBLIC CHARITY 


133 


Suggestive Questions 

Name some of the persons who should receive public charity. 
What division of government attends to most cases of poor relief ? 
In what different ways is charity given ? Is there a county infirm¬ 
ary in your county ? Where is it located ? 

In what cases is charitable relief given by the state govern¬ 
ment ? How are the state charitable institutions governed ? How 
supported ? Is any of these institutions in your county ? 

Explain the purposes of the Missouri reformatory and the In¬ 
dustrial Home for Girls. How are these institutions governed and 
supported ? 

What is the penitentiary ? Explain its government. 

What is the state board of charities and correction? What 
are its duties ? 


CHAPTER XV 


THE STATE JUDICIARY 

The Judicial Department of Government. — We 

have seen that there is a judicial department of the 
government, whose duty it is to settle disputes regard¬ 
ing the meaning of a law or the rights and duties of 
persons. These disputes are decided by the courts 
which make up the judicial department. Some dis¬ 
putes are of more importance than others. Hence there 
are different grades of courts. If a man is not satis¬ 
fied with the decision of one court, he ma y appeal; that 
is, take the question to a higher court. In Missouri 
the courts are arranged in the following grades : justice 
of the peace, circuit court, court of appeals, and su¬ 
preme court. 1 

Civil and Criminal Cases. — The disputes which 
courts decide are called cases, or lawsuits. There are 
two kinds of cases, civil and criminal. Certain acts 
which the law forbids under penalty are called crimes. 
If it is claimed that a man has stolen a watch, the court 
must decide whether he is guilty or innocent of the 
crime. This proceeding before the court is called a 
criminal case. Disputes which do not have to do with 
crimes are called civil cases. Thus a grocer may sue, or 
bring a lawsuit against, a man to compel him to pay 

1 We have already studied the probate courts and city police courts, 
which exist for special purposes. 


134 


THE STATE JUDICIARY 


135 


for groceries he has bought. Or, two men may claim the 
same farm. The court must decide whether the gro¬ 
ceries should be paid for, in the one case, and who is 
the real owner of the land, in the other. All such 
disputes regarding property, contracts, etc., are civil 
cases. The one who brings the suit or case to court 
is called the 'plaintiff; for he is the one who complains 
regarding his rights. In criminal cases, the state is 
the plaintiff. The person against whom the suit or 
case is brought is called the defendant; for he is the 
one who defends himself against the charge. The pro¬ 
ceeding before the court, in which the case is heard and 
decided, is called a trial. 

Justice of the Peace. — Disputes should be settled 
quickly, and with little cost. In order to make this 
possible, the court must be close at hand. This is 
true of the court of the justice of the peace . At least 
two of such courts are provided for each township in 
the county. In larger townships this number is in¬ 
creased. Each court is held by a justice of the peace, 
who is elected by the voters of the township. 

The justice of the peace decides civil cases where 
the amount in dispute is small, as in the case of a suit 
for an account of a few dollars. He also decides 
criminal cases which are not serious or important, and 
in which the penalty is a small fine or short impris¬ 
onment in the jail. If either party to a case desires it, 
the decision must be made by a jury of six men. After 
the decision has been made, the case can be taken to 
the circuit court if either party is not satisfied. Most 


136 


GOVERNMENT IN MISSOURI 


of these small cases, however, are finally settled by the 
decision of the justice of the peace. The justice of 
the peace has duties in regard to serious and impor¬ 
tant crimes, which will be explained below. 

As jurors, witnesses, and defendants must be brought 
into court, there is elected in each township a constable , 
to attend to such matters. He also carries out the de¬ 
cisions and orders of the justice of the peace. One 
constable can usually do these things for all the justices 
of the peace in the township. In large cities, however, 
there is a constable for each justice of the peace. 

Circuit Court. — All important cases are brought for 
trial before the circuit court. The counties cf the state 
are divided into thirty-four circuits . 1 As each circuit 
usually contains two or more counties, the court is 
held at different times in the different counties. At 
least two sessions of the court are held each year in 
each county. A circuit judge is elected in each circuit 
for a term of six years. Some circuits contain only 
one county. If the county is very populous, one judge 
cannot attend to all of the business of the court, and 
an additional judge or judges must be elected . 2 

The circuit court decides both civil and criminal 
cases, except in a few counties, where a separate criminal 
court decides criminal cases . 3 


1 The number is increased from time to time. 

2 Greene, Jasper, and St. Louis counties each elect two circuit judges, 
Buchanan county three, Jackson county ten, and the city of St. Louis 
fourteen. 

3 In a few counties where there are cities at some distance from the county 
seat, a special court of common pleas tries certain cases which usually come 
before the circuit court. 


THE STATE JUDICIARY 


137 


Officials of the Circuit Court. — The circuit judge 
presides over the circuit court. He could not carry 
on its business without the assistance of certain admin¬ 
istrative officials. As we have seen, the circuit clerk 
keeps the records of the court and issues its official 



Judicial Circuits. 

Adapted from Official Manual, State of Missouri, 1911-1912. 


papers, while the sheriff arrests prisoners and brings 
them into court, notifies witnesses and defendants to 
be in court on a certain day, keeps order during the 
trial, and carries out the orders of the judge and the 
decisions of the court. The prosecuting attorney gives 





























































138 


GOVERNMENT IN MISSOURI 


legal advice to the county court, and looks after civil 
cases in which the state or county is interested. His 
chief duty, however, is to inquire into all cases in which 
a person is accused of a crime. If he believes the person 
is guilty, it is his duty to prosecute him; that is, to try 
to have him declared guilty by the court. 

Proceedings in Criminal Cases. — When it is be¬ 
lieved that a person has committed a crime, he is 
arrested; that is, taken to jail by a policeman, constable, 
or sheriff. As we have seen, if the case is not impor¬ 
tant, it can be decided at once by the justice of the 
peace. If it is a serious crime, it must be tried by a 
circuit or criminal court. This cannot be done at 
once, as the court may not be in session, or may have 
other business before it. The person should not be 
kept in jail until the trial, as he may be innocent. 
Hence, a preliminary trial is held before a justice of the 
peace, who inquires into the facts connected with the 
crime. If he believes the prisoner is innocent, he will 
discharge him; that is, order him set free. If the justice 
of the peace thinks the prisoner is probably guilty, 
he will order him held until the session of the circuit 
court unless he can furnish bail; that is, get some one 
or a number of men to agree to pay the state a certain 
sum of money if the prisoner does not appear in court 
when ordered to do so. A prisoner who is accused of 
deliberate murder or another equally serious crime can¬ 
not be set free on bail. A grand jury of twelve citizens 
usually meets at the time the circuit court is held. 
They inquire into violations of law, and agree upon an 


THE STATE JUDICIARY 


139 


indictment , or formal charge, against every person who 
in their opinion is probably guilty of some serious 
crime. In some cases, instead of an indictment, the 
formal charge is made by the prosecuting attorney, and 
is called an information. No one can be prosecuted for 
a crime except by indictment or information. 

The indictment or information is made in the name 
of the state, which is the plaintiff in criminal cases, 
and is represented by the prosecuting attorney. The 
accused is defended by one or more attorneys at law, 
and has a right to a speedy trial. The trial, however, 
may be postponed if either side needs more time to 
secure facts, or for other good reasons. The defendant 
must be tried by a jury of twelve men. This trial 
jury is selected from a petit jury consisting usually of 
forty men. A person who has formed an opinion of 
the case is not usually selected, and each side is per¬ 
mitted to object to a certain number who have been 
selected. Persons are brought into court as witnesses 
to give evidence; that is, to present facts which may 
decide the guilt or innocence of the defendant. The 
judge decides disputes between the opposing attorneys 
regarding the evidence, and gives instructions , that is, 
advice, to the jury regarding the law governing the case. 
The attorneys are given a certain time in which to 
present their arguments to the jury. During the trial 
the jurymen are not permitted to discuss the case 
with any other persons. At its end they consult 
together regarding the facts in the case, and if all agree, 
they announce their verdict to the judge. If they declare 


140 


GOVERNMENT IN MISSOURI 


the defendant innocent, he is set free. If they find him 
guilty, they fix the degree of guilt, and the judge pro¬ 
nounces the sentence , or judgment; that is, the punish¬ 
ment for the crime. The sheriff takes charge of the 
prisoner and sees that the sentence is carried out. In 
cases in which the jury cannot come to an agreement, 
they are discharged, and a new trial may be held. 

Civil Cases. — The proceedings in civil cases differ 
in some important matters from those in criminal 
cases. Any person may be the plaintiff in a civil 
case. The defendant is not arrested, nor is there any 
grand jury or indictment as in criminal cases. The 
plaintiff’s petition , which is a document stating his 
claim against the defendant, is filed with the clerk of 
the circuit court. The defendant and witnesses are 
then notified to appear in court on the day fixed for 
the trial. The proceedings in court are similar to those 
in a criminal trial. If either party desires, the trial 
will be held before a jury. If neither party objects, 
however, the decision will be left to the judge. If there 
is a jury, the decision need not be unanimous, as in a 
criminal trial. If three fourths of the jury agree, they 
can give a verdict. 1 

Appeals. — The decision made in a circuit court 
does not always settle the case. A person found guilty 
of a crime, and any party to a civil suit who is not satis¬ 
fied with the judgment, may appeal; that is, take the 
case to a higher court, on the ground that mistakes 

1 Two thirds of a jury may give a verdict in civil cases in the court of a 
justice of the peace. — . ..... V -..v 



THE STATE JUDICIARY 


141 


have been made in the trial in the circuit court. When¬ 
ever there is an appeal, the record of the case, or an 
account of the proceedings in the circuit court, is 
printed and sent to the higher court. One or more 
attorneys argue the matter for each side, and the court 
then decides the question of error. If it finds that mis¬ 
takes have been made, it usually orders that a new trial 
be held. In some cases, however, it may order the 
release of the prisoner, or change the judgment in a 
civil case. If the court finds that no mistakes have 
been made, it affirms, or approves, the judgment of the 
circuit court. 

Courts of Appeals. — There are two grades of higher 
courts in Missouri, — the courts of appeals and the 
supreme court. The less important cases are taken on 
appeal to a court of appeals, while the more important 
ones go to the supreme court . 1 The counties of the 
state are divided into three districts, for each of which 
there is a court of appeals. These courts are known 
from the names of the cities in which they meet, as the 
St. Louis, Kansas City, and Springfield courts of appeals. 
Each court consists of three judges elected for terms of 
twelve years. 

The Supreme Court. — There are seven judges of 
the supreme court , elected for terms of ten years. They 
choose one of their number to be chief justice. So 
large a number of cases were taken to the supreme court 


1 In general, all civil cases in which the amount of money in dispute is 
more than $7500 go to the supreme court, and the same is true of the more 
serious criminal cases. 


142 


GOVERNMENT IN MISSOURI 


that it was necessary to make two divisions of the court. 
Division number one, which consists of four judges, 
considers only civil cases. The other three judges 
make up division number two, which decides all crim¬ 
inal cases and some of the civil cases. Some cases 
which are important are brought before the entire 
court for decision. Six commissioners are appointed 
by the supreme court to assist it in deciding cases. The 
supreme court meets at Jefferson City in the supreme 
court building. The supreme court and each of the 
courts of appeals appoints its own clerk and marshal. 

Court of Impeachment. — The governor and other 
executive officials and the judges are elected to hold 
office for a certain number of years; but if they mis¬ 
behave seriously they can be removed by a process 
called impeachment. The house of representatives may 
impeach; that is, bring charges against such officials. 
In such case, the senate becomes a court for the trial of 
the impeachment. An official will not be declared 
guilty unless two thirds of the senators agree in the 
verdict. If guilty, he can be removed from office and 
disqualified from holding any other office. 

Suggestive Questions 

What is the judicial department? Name the grades of Mis¬ 
souri courts. 

Name the classes of disputes which are brought before the 
courts. Explain a civil suit. Explain a criminal case. Who is 
the plaintiff? Who is the defendant? 

How many justices of the peace in your township? How are 
they chosen ? For what term ? What kinds of cases are decided 
by them ? What are the duties of the constable ? 


THE STATE JUDICIARY 


143 


How is the circuit judge chosen? For what term? In what 
circuit do you live ? When is the circuit court held in your county ? 

Name the officials of the circuit court. Explain the duties of 
the circuit clerk; the sheriff; the prosecuting attorney. 

When and by whom may a person be arrested? Explain the 
preliminary trial. What is meant by bail? What is an indict¬ 
ment ? What is an information ? 

How is a jury selected? Who are witnesses? What is neces¬ 
sary for a verdict in criminal cases ? 

How do the proceedings in civil cases differ from those in criminal 
cases? 

What is meant by an appeal? On what ground may it be 
taken ? What action may be taken by the higher court on a case 
that has been appealed ? 

Name the two grades of courts to which cases may be taken 
on appeal. To which court are the more important cases taken ? 

How many judges compose each court of appeals? How are 
they chosen ? For what term ? Which is the court of appeals for 
your county ? 

How many judges of the supreme court ? How are they chosen ? 
For what term ? 

What is meant by impeachment? What officials may be im¬ 
peached? How may they be impeached? How are they tried? 
What is necessary for a verdict of guilty ? 


govt. mo. —10 


PART IV 


THE NATIONAL GOVERNMENT 

CHAPTER XVI 

THE CONSTITUTION OF THE UNITED STATES 

Union among the Colonies. — The national govern¬ 
ment in the United States was brought into existence 
as a result of united action among the states. In-order 
that we may understand how the states came to form 
this union, we must go back to the colonial period in 
American history. Each of the English colonies in 
America had its separate government. The different 
colonies soon found that they had some interests in 
common. For example, the French and Indians were 
a common danger, and united action against them was 
necessary. Some of the colonies which had established 
religious freedom feared opposition and persecution 
^from the British king. Hence as early as 1G43 four 
of the New England colonies formed a confederacy, 
under the name of u The United Colonies of New 
England/’ for mutual offense and defense. This con¬ 
federacy continued until 1684, though little was accom¬ 
plished in the later years. 

The acts of the British government which led to the 
Revolution brought about union and united action 
144 


THE CONSTITUTION OF THE UNITED STATES 145 

among all the colonies. In the Stamp Act Congress, 
held in 1765 to protest against the act of the British 
Parliament which taxed the colonies without their 
consent, nine of the thirteen colonies were represented 
by delegates. The protest was successful, and when in 
1774 Great Britain passed other acts to which the colo¬ 
nists objected, another convention, called the First 
Continental Congress, was held, in which all the col¬ 
onies except one were represented. As the British 
government insisted on the enforcement of these op¬ 
pressive acts, the Second Continental Congress, to 
which all the colonies sent delegates, was held in 1775. 
This congress organized a continental army to oppose 
the British forces, and appointed George Washington 
as its general. Finally, when it was felt that Great 
Britain would not recognize the rights claimed by the 
colonists, this congress adopted the Declaration of 
Independence, which declared that the “ United Col¬ 
onies are, and of right ought to be, free and inde¬ 
pendent states.” 

Articles of Confederation. — The Revolution changed 
the colonies into states, and left each free to attend to 
its own affairs. From the beginning, however, there 
were some matters w T hich no single state could manage, 
but which needed joint action by all the states. It was 
necessary to have an army and a navy and money to 
carry on the war. For some time these matters were 
looked after by the Continental Congress, which con¬ 
tinued to meet each year. As each state had adopted 
a written constitution, it was felt that the united 


146 


GOVERNMENT IN MISSOURI 


government of all the states should be provided for in 
a similar manner. The Continental Congress adopted 
for this purpose a written document called the Articles 
of Confederation. This constitution could not go into 
effect until ratified by the legislatures of all the states. 
As some states objected to certain matters, the approval 
of the Articles of Confederation by all the states was 
not secured until 1781. 

Before the final ratification of the Articles of Confed¬ 
eration had been secured, many people believed that 
the new constitution would not prove satisfactory. 
It was felt that the united government was not given 
enough power to act for the common welfare of all the 
states. This government could not raise revenue by 
taxation, and was thus unable to pay its debts or 
attend to many matters of importance. While it 
could call upon the states for money, it could not com¬ 
pel them to pay the necessary amounts. The states 
were suspicious of one another, and thus weakened the 
united government. Attempts were made to amend 
the Articles of Confederation so as to give the united 
government the power to raise money by taxation. An 
amendment could not be adopted without the consent 
of all the states, and this could not be secured. 

Constitutional Convention of 1787 . — After many 
unsuccessful attempts had been made to strengthen 
the government, Washington and other leaders were 
able to secure the calling of a constitutional conven¬ 
tion to consider the situation. This convention met at 
Philadelphia in 1787. It consisted of delegates chosen 


THE CONSTITUTION OF THE UNITED STATES 147 

by the legislatures of all the states except Rhode Island, 
which did not send any representative. Washington 
was the president of the convention, and the other 
members were among the ablest leaders and statesmen 
of the country. Most of them were naturally interested 
in the welfare of their separate states, and there were 
many differences of opinion regarding the plan which 
should be adopted. As all felt that more power should 
be given to the united government, it was agreed that 
a new constitution should be drawn up. The differ¬ 
ences of opinion regarding the form and powers of the 
new government were settled by compromise, and the 
Constitution of the United States was finally adopted. 

Ratification of the Constitution. — The constitu¬ 
tional convention could not substitute the Constitution 
for the Articles of Confederation. It was necessary 
to have the consent of the states. As it was feared 
that not all the states would agree, the convention 
decided that the new Constitution should go into effect 
when ratified by nine of the thirteen states. Opposi¬ 
tion to the proposed Constitution appeared in all the 
states. Many feared that it gave too much power to 
the national government and that the states would be 
weakened by it. In some of the states the opposition 
was very great, and it was not until June 21, 1788, that 
the consent of nine states was secured. Two other 
states gave their consent in a short time, but North 
Carolina and Rhode Island did not ratify until after the 
new government under the Constitution had taken the 
place of that provided by the Articles of Confederation. 


148 


GOVERNMENT IN MISSOURI 


The National Constitution. — The members of the 
constitutional convention were familiar with the con¬ 
stitutions of the different states, and used these as 
models in framing the national Constitution. They 
knew that the best forms of government were those 
which had been used successfully. Hence they did not 
try to invent new forms, but adopted those which had 
been in use among the colonies and states. The Con¬ 
stitution of the United States provides for the three 
departments of government. Article I deals with the 
legislative department, or Congress, Article II with the 
national executive, and Article III with the national 
judiciary. In Article IV the Constitution regulates 
certain relations of the different states to one anothei 
and to the national government. Article V contains 
provisions for the amendment of the Constitution, 
while Articles VI and VII deal with miscellaneous 
matters. 

The Constitution as adopted did not contain any 
bill of rights such as we found in the state constitu¬ 
tion. This was one important objection urged against 
the adoption of the Constitution. Some of the states 
in ratifying the Constitution insisted that it should be 
amended as soon as possible in this respect. When 
the new government under the Constitution was put 
into operation, ten amendments were adopted. These 
amendments, with those adopted after the Civil War, 
are considered the bill of rights of the national Con¬ 
stitution. 

Federal Government. — The government established 


THE CONSTITUTION OF THE UNITED STATES 149 

by the Constitution is called a federal government. 
In a federal government, the powers are divided between 
two classes of governments, — the governments of the 
states and the government of the nation, or national 
government. This division of powers in the United 
States is made by the Constitution. As we have seen, 
the states at first were independent and had all powers 
of government. It was found necessary, however, 
to take some powers away from the states and give 
them to the national government. This was done by 
the Constitution. The national government has only 
such powers as have been granted to it in this way. 
The states keep all powers which were not granted by 
the Constitution to the national government, except 
certain powers which are not given to any government 
but are kept by the people. The states cannot inter¬ 
fere with the exercise of any power granted by the 
Constitution to the national government. On the other 
hand, the national government must not act in any 
matter which has been left for regulation by the states. 
If either the state or the national government interferes 
with any power belonging to the other, the Supreme, 
Court of the United States will declare its act to be 
unconstitutional and void (page 73). 

Amendment of the Constitution. — As we have seen, 
Article V of the Constitution contains the amending 
clause. Of the different methods provided, only one 
has been used. The amendment is proposed by a two- 
thirds vote in each house of Congress. It is then sent 
to the legislatures of the different states, and if three 


150 


GOVERNMENT IN MISSOURI 


fourths of these approve the amendment, it is ratified 
as a part of the Constitution. It is a very difficult 
matter to get so large a number of states to agree. 
This is one reason why the Constitution has not been 
amended many times. Only nineteen amendments 
have been adopted. Of these, the first ten, as we have 
seen, were adopted as a bill of rights immediately after 
the Constitution went into effect. The Eleventh 
Amendment, which prevents a person from suing any 
state, was adopted in 1798. The Twelfth Amendment, 
modifying the system of electing the President, was 
adopted in 1804. The Thirteenth, Fourteenth, and 
Fifteenth Amendments, which were adopted between 
1865 and 1870, were intended to abolish slavery and 
to protect the negroes and other persons in their 
personal, property, and political rights. In 1913 
the Sixteenth and Seventeenth Amendments were 
adopted. The former gives Congress full power to 
levy an income tax. The latter provides for the 
election of United States senators by direct vote of 
the people of the states. The Eighteenth Amendment, 
adopted in 1919, prohibits the manufacture, sale, or 
transportation of intoxicating liquors for beverage pur¬ 
poses. The Nineteenth Amendment, adopted in 1920, 
gives women the same right to vote as men in all the 
states. Many other amendments have been proposed. 
Most of them have failed to secure the necessary vote 
in Congress, while some which passed Congress were 
not approved by enough state legislatures. 


THE CONSTITUTION OF THE UNITED STATES 151 


Suggestive Questions 

What was the Stamp Act Congress? the first Continental Con¬ 
gress? What was done by the Second Continental Congress? 

Why were the Articles of Confederation adopted? How were 
they adopted? Why were they unsatisfactory? 

Explain the constitutional convention of 1787. What models 
were followed in framing the Constitution? How was it ratified? 

Did the Constitution as adopted contain a bill of rights? How 
was one secured? 

What is meant by federal government? How does the Con¬ 
stitution divide powers between the states and the national govern¬ 
ment? How is each government prevented from interfering with 
a power belonging to the other? 

Explain the usual method for amending the national Constitu¬ 
tion. Compare with the method used in Missouri. How many 
amendments to the national Constitution have been adopted? 


CHAPTER XVII 


THE NATIONAL LEGISLATURE 

The Congress. — The national legislature is called 
the Congress. Like the state legislature it consists 
of two houses, which have the same names as the two 
houses of the general assembly of Missouri, — the 
house of representatives and the senate. At first the 
framers of the Constitution were unable to agree regard¬ 
ing the composition of Congress. The states with a 
small population insisted that each state should have 
an equal vote, as they feared that any other rule would 
give the large states too much power. The large states, 
on the other hand, demanded that representation in 
the national legislature should be in proportion to 
population. They argued that the people and not the 
state should be represented, that as the large states 
would pay more taxes, they should have a larger num¬ 
ber of members of the lawmaking body. For a time 
it seemed that no agreement could be reached on this 
matter in the constitutional convention. It was finally 
decided as a compromise that representation in one 
house should be proportional to population, while in 
the other each state should be equally represented. 

The House of Representatives. — The house of 
representatives is that part of Congress in which each 
state is represented according to its population. Once 
152 


THE NATIONAL LEGISLATURE 


153 


in ten years Congress fixes the total number of repre¬ 
sentatives and the number to be chosen from each 
state. In doing this it makes use of a number called 
the ratio of representation. The population of each 
state is divided by this ratio, and the quotient gives 
the number of its representatives. The quotient will 
usually consist of a whole number and a fraction; if 
the fraction is greater than one half, a representative 
is allowed for it. At first the ratio was 33,000. As the 
population of the states changes, it is necessary to have 
a change in the apportionment , or distribution of repre¬ 
sentatives among the states. The Constitution pro¬ 
vides that a census , or enumeration of the population, 
shall be made every ten years. A new apportionment 
of representatives is made after each census. As the 
total population increases, Congress changes the ratio 
after each census, as otherwise the size of the house 
would be too large. If the ratio to-day were still 
33,000, the total number of members in the house of 
representatives would be about 3000. The present 
number of members is 435, and the ratio that was 
used in apportioning them to the states is 211,877. 
The population of Missouri is 3,293,335, which con- 
1 tains the ratio 15.54 times, thus giving the state 16 
members of the house of representatives. Under the 
Constitution each state is given at least one represent¬ 
ative, no matter how small its population. This ap¬ 
plies now especially to Nevada, whose population is less 
than half the ratio. 

Representatives in Congress are elected directly by 


154 


GOVERNMENT IN MISSOURI 


the qualified voters of the states. Their term of office 
is only two years. The method of apportionment, 
direct election, and short term which obtain for the 
members of the house of representatives bring them 
closer to the people. As a rule they act more quickly 
in accordance with public opinion than do the members 



Adapted from Official Manual, State of Missouri, 1911-1912. 


of the senate. Hence the house of representatives is 
called the popular branch of Congress. 

Congressional Districts. — Each state which has 
more than one member of the house of representatives 


























THE NATIONAL LEGISLATURE 


155 


is divided by the state legislature into as many districts 
as it has members. Each of these congressional dis¬ 
tricts elects one member of the house of representatives. 
The law requires that the congressional districts shall 
be as nearly as practicable equal in population and shall 
be formed of compact and contiguous territory. In 
order to gain an advantage over its opponent, a politi¬ 
cal party in control of a state legislature may violate 
this rule by making some districts much larger than 
others. The districts are arranged in such a manner 
that the party will be able to elect representatives from 
the smaller districts, thus securing a larger number 
than its votes entitle it to have; in some cases the 
counties which form the districts are so distributed that 
one party can elect all the representatives from a state. 
This plan of arranging districts unfairly is called gerry¬ 
mandering. 

The Senate. — The senate differs from the house of 
representatives in many important respects. We have 
seen that each state is represented equally instead of 
according to its population, as in the house of repre¬ 
sentatives. This makes it possible for the senate to 
be opposed to a measure which has passed the house of 
representatives and is desired by a majority of the 
people but not by a majority of the states. Thus, 
for example, Missouri has 16 votes in the house of 
representatives, while the states of Arizona, Delaware, 
Idaho, Montana, Nevada, New Hampshire, New Mex¬ 
ico, Utah, Vermont, and Wyoming combined have a 
total of only 15 votes. These ten states, however, 


156 


GOVERNMENT IN MISSOURI 


have 20 votes in the senate, while Missouri has only 
2. As each state has only two senators, the senate is 
much smaller than the house. At first it contained 
only 26 members, but the increase in the number of 
states has raised its membership to 96. 

The manner of electing its members was until recently 
another important point which distinguished the senate 
from the house of representatives. United States sen¬ 
ators were elected by the legislature of their state. 
This method is called indirect election, to distinguish it 
from the direct method by which the people themselves 
elect an official. For a long time there had been a 
strong demand for an amendment of the Constitution 
which would permit the direct election of United States 
senators, and this was finally secured in 1913 when 
the Seventeenth Amendment to the Constitution was 
adopted. In November, 1914, the people of Missouri 
for the first time chose a United States senator by 
direct election. This method makes the senators more 
responsive to the public opinion of the people of their 
state. It also relieves the state legislature from the 
politics which was connected with the election of United 
States senators. Frequently the contest over the elec¬ 
tion of a United States senator would take up weeks or 
months of the session of a state legislature, and thus 
cause the members to lose sight of the real purpose for 
which they were chosen. Under present conditions, 
however, the people express directly their choice for 
United States senator and the state legislature is left 
free to transact the legislative business of the state. 


THE NATIONAL LEGISLATURE 


157 


Term of Senators. — Another feature in which the 
senate differs from the house is in the term of its mem¬ 
bers. Senators are elected for a term of six years. 
The terms of all members do not end at the same time, 
as in the case of the house. The senators are divided 
into three equal groups, and the terms of all members 
of one group end once in every two years at the close 
of the term of the representatives. Thus, for example, 
the terms of the first group end on March 4, 1913, of 
the second group on March 4, 1915, and of the third 
group on March 4, 1917. It will be seen that in this 
way the senate is never dissolved, and that at all times 
at least one third of the senators have been in office 
for four years, while two thirds have served for at least 
two years. Because of reelections, there are many 
senators who have served for much longer periods. 
In the house of representatives a large proportion of 
the members are not reelected, and as the terms of all 
end at the same time, a new Congress usually contains 
a large number of representatives who have had no ex¬ 
perience as members of Congress. The longer term, 
and smaller membership of the senate make it more 
conservative than the house and less subject to the 
influence of popular demands. 

Vacancies in the Houses. — If a representative or 
senator dies while in office, or resigns, or if a vacancy 
arises in any other way, the governor of the state 
chlls an election for the purpose of choosing a successor, 
who serves for the remainder of the term. When 
senators were elected by the state legislature the gov- 


158 


GOVERNMENT IN MISSOURI 


ernor of the state could appoint some one to hold until 
the state legislature could elect a successor. This is 
not provided under the new plan, though the legislature 
of the state may authorize the governor to make tem¬ 
porary appointments until the people can fill the 
vacancies at a general or special election as may be 
directed by the legislature. 

Qualifications of Members. — A person cannot be a 
member of the house of representatives unless he is at 
least 25 years of age and has been a citizen of the 
United States for seven years. In the case of sena¬ 
tors the qualifications are higher, the age requirement 
being 30 years, and the length of citizenship nine years. 
As a matter of fact most senators and representatives 
are much above the age required in the Constitu¬ 
tion. Residence in the state is also required of 
senators and representatives. While the law does 
not require a representative to be a resident of his 
congressional district, this is practically required, as 
the people would not elect any one who did not live 
in the district. No person holding office under 
the executive or judicial departments of the na¬ 
tional government may be a member of either house 
of Congress. 

Salary and Privileges of Members. — The Consti¬ 
tution provides that members of Congress shall be paid 
for their services. At first they received $6 a day. 
This compensation was later changed to a salary, which 
now amounts to $7500 a year. In addition each mem¬ 
ber is given mileage; that is, an amount for traveling 


THE NATIONAL LEGISLATURE 


159 


expenses, which varies according to the distance from 
his home to the capital. As it is important that a 
member of Congress shall be able to attend its sessions, 
the Constitution gives him the privilege of freedom 
from arrest during the sessions and in going to and 
returning from the same, in all cases except treason, 
felony, and breach of the peace. In order that he may 
be free to act in his legislative duties it is provided that 
he cannot be held responsible by any individual for 
anything which he may have said in the course of de¬ 
bate in Congress. 

Officials of the Houses. — We saw that in the Mis¬ 
souri legislature each house elects its own officials. 
The same rule obtains in Congress. The Vice Presi¬ 
dent of the United States is president of the senate, 
but a president pro tempore is elected by the senate to 
preside in the absence of the Vice President. The house 
of representatives elects a speaker as its presiding 
officer. There are also selected by each house a secre¬ 
tary (in the house, called clerk), sergeant at arms, 
doorkeeper, chaplain, postmaster, and librarian. Each 
house has also numerous clerks, pages, etc. 


Suggestive Questions 

Why are there two houses of Congress? Give their names. 
Which is called the popular branch of Congress ? Why ? 

How many representatives in Congress? How many from 
Missouri ? How is this number determined ? In what congressional 
district do you live ? Who is your representative ? 

How many senators in Congress? Name the senators from 
Missouri. How are they nominated ? How are they elected ? 
GOVT. MO.-11 


160 


GOVERNMENT IN MISSOURI 


Compare the terms of senators and representatives. Explain 
the classification of senators. How are vacancies filled in each 
house ? 

Compare the qualifications of senators and representatives. 
Explain their salary and privileges. 

Name the officials of each house. How are they chosen? 


CHAPTER XVIII 


PROCEEDINGS IN CONGRESS 

Sessions of Congress. — The sessions of Congress 
are held at the capitol in Washington. Annual sessions 
are held, beginning on the first Monday in December. 
As the terms of members of Congress do not begin until 
March 4, the first session of each Congress is not held 
until December of the year after the election; that is, 
thirteen months after such election. This session, which 
is known as the long session, usually lasts more than six 
months, and sometimes is much longer. The second 
session is known as the short session, and cannot con¬ 
tinue more than three months, as the terms of the repre¬ 
sentatives and of one third of the senators are ended 
on March 4. Special sessions of Congress may be called 
by the President, but this is done only for very impor¬ 
tant reasons. The session is adjourned or closed by 
agreement of the two houses. 

Rules of Order and Procedure. — In legislative 
bodies business could not be carried on without regular 
rules. As in Missouri, the Constitution makes a ma¬ 
jority of the members of each house a quorum. It also 
gives each house power to make its own rules of pro¬ 
cedure. Each house may punish its members for disor¬ 
derly behavior, and by a two thirds vote may expel a 
member. 


161 


162 


GOVERNMENT IN MISSOURI 


How Acts of Congress are Passed. — The legislative 
proceedings in the two houses are similar to those which 
exist in the general assembly of Missouri (page 84). 
Any member of either house may introduce a bill, 
except that bills for raising revenue can be introduced 
only by a member of the house of representatives. 1 
A bill which has been introduced is read by title and 
referred to a committee. After the committee makes 
its report, the bill may be read a second time and put 
on the calendar, or list of bills awaiting action by the 
house. When the bill is reached in due order or the 
house decides to take it up out of its turn, the bill 
is read a third time. It may be debated, and amend¬ 
ments to it may be adopted. In order to pass, a bill 
does not need a majority of all the members of the 
house as is the case in the general assembly of Missouri. 
A majority of the members present is sufficient, pro¬ 
vided a quorum is present. 

After having passed one house the bill is then sent 
to the other house, where it must go through the same 
proceedings. If new amendments are adopted, the 
bill must be sent back to the first house. If the latter 
does not consent to the amendments, the bill is usually 
sent to a conference committee consisting of members 
appointed by each house. If this committee can come 
to an agreement, the houses usually act in accord¬ 
ance with its report. Otherwise the bill will fail to 
pass. 

1 As the senate may amend these bills, this does not give a great advan¬ 
tage to the house. 


PROCEEDINGS IN CONGRESS 


163 


As in Missouri legislation, the chief executive has 
ten days in which to sign or veto a bill. Differing from 
the rule in Missouri, however, the bill becomes a law 
without his signature if he does not veto it within ten 
days, except when Congress adjourns before the end 
of the ten-day period. If the President vetoes a bill, 
he returns it, with a statement of his objections, to the 
house in which it was first introduced. If each house 
then passes the bill by a two-thirds vote, it becomes 
a law, notwithstanding the President’s veto. In the 
national government the rule regarding the time when 
laws go into effect is different from the Missouri rule. 
Any law passed by Congress goes into effect as soon 
as signed by the President or when passed over his 
veto; unless a different date is fixed by the law 
itself. 

The Committee System.—In both houses of Congress 
the committees exercise great influence upon legisla¬ 
tion. This is due to the fact that so many bills are 
introduced that it is impossible for either house to 
examine them and select the best ones. Hence the 
committees must have power to do this. A committee 
can usually defeat any bill by making an unfavorable 
report or failing to make any report. The committee 
may also amend a bill before reporting it back to the 
house. A bill which has been recommended for pas¬ 
sage by a committee has a great advantage. 

The great influence of the committees is due to the 
fact that in each house they represent the political 
party which is in the majority in that house. Each 


164 


GOVERNMENT IN MISSOURI 


house appoints the members of the different commit¬ 
tees, but the selection is really made by the majority 
party, which secures for itself the chairman and the 
majority of the members on practically all committees. 
In the house of representatives the members of the 
committees were formerly appointed by the speaker. 
It was felt that this gave the speaker too much power, 
and in 1911 this privilege was taken away from him. 

Debate in Congress. — There are so many members 
of the house of representatives that it is not possible 
to have the freedom of debate which exists in smaller 
bodies. If the rules did not prevent, a group of mem¬ 
bers could at any time, by continuous debate, prevent 
the house from carrying on its business. Hence rules 
have been adopted which limit the number and length 
of speeches by any member. In addition, the house 
may close the debate at any time by a majority vote. 
In the case of important measures the committee on 
rules usually recommends that discussions be limited 
to a certain period, which is often fixed at only a few 
hours. 

The senate, for a long time, was a small body and 
did not need rules for limiting debate. The privilege 
of freedom of debate was preserved, so that a senator 
could speak on any subject as long and as often as he 
wished. The senate has now become a much larger 
body, and unlimited debate makes it difficult to trans¬ 
act business, for members sometimes take advantage 
of the situation to prevent the passage of a bill. Near 
the close of the session, when time is limited, a few 


PROCEEDINGS IN CONGRESS 


165 


members, by insisting upon debating a bill which they 
are opposing, will threaten the defeat of that and other 
important bills. In 1917, this led to the defeat of an 
important measure that had been recommended by the 
President and was approved by more than three fourths 
of the Senate. The Senate then changed its rules so 
that debate may be limited by a two-thirds vote. 

The Speaker of the House. — The speaker of the 
house of representatives is a much more important 
official than the Vice President, who presides over the 
senate. This is due to the fact that the speaker is 
chosen by and represents the majority party in the 
house, which is not the case with the Vice President in 
the senate. The speaker as the leader of the majority 
in the house has great influence over legislation. As 
we have seen, he formerly appointed the committees. 
He was also a member of and controlled the important 
committee on rules. Opposition arose on account of his 
great powers, and in 1910 he ceased to have the right 
to appoint or be a member of the committee on rules. 
In the next year the house decided that it would elect 
all committees. 

While these acts have decreased the power of the 
speaker, he still remains an important official. As 
one of the leaders of the majority party, his opinion 
has great influence with the committees and with the 
house. As presiding officer he can influence the debate 
by recognizing or refusing to recognize members. 
No member can take part in the discussion until recog¬ 
nized by the speaker. 


166 


GOVERNMENT IN MISSOURI 


Influence of the President. — We have seen that the 
President may call special sessions of Congress, and has 
a veto upon bills which have passed both houses. He 
has also the right to make recommendations to Con¬ 
gress regarding legislation. He sends an annual mes¬ 
sage at the opening of each session, and special messages 
from time to time. If the President belongs to the same 
political party as the members of the majority party 
in the houses, he can exercise much influence over their 
acts. He is a great party leader, and most of them 
consider it their duty to support his policies. In most 
cases the President rewards his supporters by permit¬ 
ting them to name the postmasters and other national 
officials appointed in the states or districts. This is a 
bad policy, as it does not secure the best officials for 
public service. 

Other Influences upon Legislation. — Congress is 
subject to the same kind of influences which were 
noted in connection with the state legislature. As the 
questions which come before Congress are of greater 
importance, we find that lobbying, both proper and 
improper, obtains on a much more extensive scale than 
in the state legislatures. 

Suggestive Questions 

When does Congress meet? Explain the long session; short 
session; special sessions. 

Explain the method of passing laws in Congress. How does 
the vote required differ from that in Missouri ? Explain the veto 
power of the President. 

Explain the committee system. Why have the committees so 
much power ? How are they chosen ? 


PROCEEDINGS IN CONGRESS 


167 


Give rules regulating debate in the house of representatives; in 
the senate. Explain the difference. Show the results of the dif¬ 
ference. 

Why is the speaker a more important official than the Vice 
President ? How has his power been reduced in recent years ? 

How may the President influence legislation by Congress? To 
what other influence is legislation subject? 


CHAPTER XIX 


PRINCIPAL POWERS OF CONGRESS 

Enumerated Powers. — The state legislature has 
power to legislate over any matters which are not de¬ 
nied to it, or given to the national government. The 
powers of Congress, on the other hand, are said to be 
enumerated; that is, are set forth in detail in the Con¬ 
stitution. It can act only with regard to matters which 
have been delegated to it. This enumeration of the 
powers of Congress is found in the Constitution, Arti¬ 
cle I, Section 8, and Article IV. In considering these 
powers, we may group them as follows: Revenue and 
Expenditures, Military and Naval Affairs, Commerce, 
Money, Postal System, and Miscellaneous. 

I. Revenue and Expenditures 
Kinds of National Taxes. — Congress is given the 
power to levy any kind of tax except export duties; 
that is, taxes on goods which are sent to foreign coun¬ 
tries. While Congress can levy direct taxes on prop¬ 
erty, it does not do this, for two reasons. Taxes of this 
kind form the chief source of revenue of the states and 
local governments. It is not a good plan to have the 
same thing taxed by both national and state govern¬ 
ments. The second cause is the fact that the Consti¬ 
tution, Article I, Section 9, Paragraph 4, requires 
168 


PRINCIPAL POWERS OP CONGRESS 


169 


Congress in collecting direct taxes to apportion them 
among the states according to their population and not 
according to the value of the property taxed. As the 
value of property in one state may be double that in 
another state, the population being the same, the rate 
of the tax in one case would be half as high as in the 
other. This is such an unjust method that it is used 
only in time of war, when the government needs revenue 
from all sources. The taxes levied by the national 
government are customs duties and internal revenue 
taxes. The Constitution, Article I, Section 8, Para¬ 
graph 1, provides that these duties and taxes shall be 
uniform throughout the United States. While Congress 
may levy different rates on different articles, the rate 
on a certain article must be the same in all of the states. 

Customs Duties. — Customs duties are also known as 
imposts, or taxes on imports, and are levied on goods that 
are imported; that is, brought into the United States 
from foreign countries. The tax rate may be specific 
or ad valorem. A specific rate is levied without regard 
to the value of the article, as a rate of one cent a pound 
on sugar or ten cents on a pair of gloves. An ad valorem 
rate is a certain proportion of the value of the imported 
article, as 40 per cent of the value of cloth or hats. 
Some rates are made high so that foreign goods, after 
the import duty has been paid, cannot be sold for as 
low a price as the same things grown or manufactured 
in the United States. Rates of this kind form what is 
called a protective tariff, as they are intended to protect 
home production against foreign goods by making it 


170 GOVERNMENT IN MISSOURI 

impossible to import such goods at a profit. It is 
claimed that this protects home labor against the cheap 
labor of other countries. The protective tariff is op¬ 
posed by those who are in favor of making the rates 
chiefly or entirely for revenue purposes. As such rates 
are much lower, it is claimed that the cost of goods to 
the consumer will be reduced. All goods imported from 
foreign countries must be brought into the United States 
at certain places called ports. The taxes are paid to a 
collector before the goods can be taken away by the 
owner. St. Louis, Kansas City, and St. Joseph are 
ports, and have United States officials who collect 
customs duties. 

Internal Revenue Taxes. — Internal revenue taxes 
are also called excises. A large amount of revenue has 
come from taxes on manufactured tobacco, including 
cigars and cigarettes. Oleomargarine and a number of 
other articles are also taxed. In 1909, a tax was im¬ 
posed upon the net income of corporations and in 1913 
this was extended to individuals, the rate increasing 
with the amount of income. After the United States 
entered the World War the rate was greatly increased 
and the tax became the chief source of revenue. Taxes 
are also levied upon large estates left by deceased 
persons, the rate increasing with the size of the 
estate. 

In order to collect these taxes the entire country is 
divided into internal revenue districts, each of which 
has a collector of internal revenue. There are two 
such districts in Missouri: the collector of one is at 


PRINCIPAL POWERS OF CONGRESS 


171 


St. Louis, and of the other at Kansas City. The col¬ 
lector furnishes stamps to the amount of the taxes, ex¬ 
cepting inheritance and income taxes. The stamp 
must be placed upon the barrels, boxes, etc., contain¬ 
ing the things taxed. The income from internal revenue 
taxes is larger than that from all other sources, amount¬ 
ing to more than three fourths of the total revenue of 
the United States. The receipts from the postal sys¬ 
tem constitute the only other large source of revenue 
of the national government. There are also a number 
of miscellaneous sources from which revenue is re¬ 
ceived. See the table on page 173. 

National Debt. — Taxes and other ordinary sources 
of revenue are usually sufficient to meet the expenses 
of the government. In time of war, however, or when 
an unusually large expenditure must be incurred for 
any purpose, it is necessary to borrow money. As 
the government cannot raise a sufficient amount even 
by increasing the rates of taxation, Congress has been 
given power to borrow money in any way and to any 
amount. The usual plan is for Congress to authorize 
the executive to borrow the amount needed and to 
issue bonds for the same. In 1916, the total amount 
of the interest-bearing debt of the United States was 
$971,562,590. Two thirds of this amount was the bal¬ 
ance of the debt incurred during the Civil War. As a 
result of the World War the debt of the United States 
was increased to more than $25,000,000,000. 

During the Civil War the government paid a high 
rate of interest on its bonds. This rate was gradually 


172 


GOVERNMENT IN MISSOURI 


reduced until the World War, when it again increased. 
To-day most of the debt bears 4J4 per cent interest. 
The United States has in addition a comparatively 
small debt which bears no interest. The greater part 
of this debt consists of United States notes to the 
amount of $346,681,016, which are described later, 
under the powers of Congress relating to money. From 
the total debt, on the other hand, should be sub¬ 
tracted the large amount of money on hand in the 
national treasury, or deposited to the credit of the 
United States; this amounts to several hundred million 
dollars. 

Expenditures. — The receipts from taxation and all 
other sources of revenue must be deposited to the credit 
of the national treasury in Washington. The collectors 
deposit their funds in national banks and federal reserve 
banks. No money can be paid out of the treasury ex¬ 
cept in accordance with appropriations made by Con¬ 
gress. The expenses of the government have increased 
enormously in recent years. Before the Civil War the 
annual expenditures did not exceed $85,000,000. By 
1914 they exceeded $1,000,000,000. During the World 
War they increased more than ten times and to-day 
are about four times as great as before the war. The 
chief increases have been for interest on the debt, for 
the army and navy, for military pensions, and for the 
postal system. 

National Receipts and Expenditures for 1920. — 

The following table shows the total ordinary receipts 
and expenditures for the year ending June 30, 1920:— 


PRINCIPAL POWERS OF CONGRESS 173 


REVENUE 


Customs Duties . 

Internal Revenue Taxes. 

Postal System. 

Miscellaneous. 

$ 323,536,559 
5,399,149,245 
437,150,212 
972,688,963 

Total. 

. $7,132,524,979 

EXPENDITURES 


Postal System. 

Military Pensions. 

War Department. 

Navy Department. 

Other Executive Departments. 

Congress. 

Judiciary. 

Federal Control of Transportation 

Interest on Public Debt. 

$457,101,166 

213,344,204 

1,103,568,471 

632,690,267 

1,597,522,518 

19,739,708 

17,608,995 

1,038,614,901 

1,024,024,440 

Total. 

$6,104,214,670 


II. Military and Naval Affairs 

War Powers. — Congress has the sole power of 
declaring war with foreign countries. It is also given 
the power to provide an army and navy, and to make 
rules for the government of the land and naval forces. 

The Army. — The land forces of the United States 
consist of the army and the militia. While Congress 
has full power to determine the number of soldiers, it 
has always been the national policy to have a small 
standing army. As late as 1898, at the time of the war 
with Spain, it included only about 25,000 men. The 
acquisition of the Philippine Islands, Porto Rico, and 















174 


GOVERNMENT IN MISSOURI 


Hawaii made a larger force necessary and in 1915 the 
army numbered about 100,000. It was increased dur¬ 
ing the World War to more than 3,500,000 but has 
since been reduced to about 150,000. Officers for the 
army are trained at the United States Military Acad¬ 
emy at West Point, New York. 

The militia is the military force of the states (page 97). 
Congress provides the system for organizing, arming, 
and training the militia, but the actual control and gov¬ 
ernment is left to the states except when the militia 
is called into the service of the United States. Under 
a law of Congress, the President may call the militia 
into the national service whenever he finds this neces¬ 
sary. In 1921, the total strength of the militia of all 
the states was about 132,000. 

The Navy. — The naval forces of the United States 
consist of the navy and naval militia. The navy was 
increased after the Spanish-American War and during 
the World War. In 1919 the navy of the United States, 
counting vessels then building, included 50 battleships 
and about 1,000 other fighting vessels. The organized 
strength of the navy was 123,516 enlisted men and 8,729 
officers, in addition to 21,003 men and 1,046 officers of 
the marine corps. The officers of the navy are trained 
at the United States Naval Academy at Annapolis, 
Maryland. The naval militia is the naval force of the 
states; it embraces a small number of men and officers. 

Military Pensions. — The national government has 
granted pensions to soldiers disabled in war, and 
has provided for the families of those who were killed. 


PRINCIPAL POWERS OF CONGRESS 


175 


Before the Civil War, payments for pensions were not 
large, but since that time the sums paid out have 
reached enormous figures, amounting to more than the 
entire cost of the war. These large amounts are due 
to the fact that Congress has granted pensions to all 
persons who served during the war, regardless of the 
question of disability. Compensation has been pro¬ 
vided for those who were disabled during the World War. 

III. Commerce 

National Regulation. — If none of the acts of com¬ 
merce extended beyond the boundaries of a state, there 
would be no need of national regulation, as satisfactory 
control could be secured by each state. Many com¬ 
mercial transactions, however, arise between residents 
of different states. This is called interstate commerce. 
In many cases, also, citizens of foreign countries have 
trade relations with Americans. This is called foreign 
commerce. As these matters need uniform rules, 
Congress was given the power to regulate foreign and 
interstate commerce. 

Foreign Commerce. — We have already seen how 
Congress regulates foreign commerce by levying duties 
on imports. Laws have also been passed regarding 
navigation and vessels in the interest of passengers and 
seamen. Quarantine regulations are! made in order to 
prevent contagious diseases from being brought in 
from foreign countries. The power to regulate for¬ 
eign commerce gives Congress the right to control 
immigration; that is, the coming of foreigners into the 

GOVT. MO. — 12 


176 


GOVERNMENT IN MISSOURI 


country. At first no restrictions were made, as immi¬ 
gration was needed for the development of the country. 
At present, however, the laws exclude certain classes, 
such as paupers, criminals, illiterates, insane persons, 
and persons with contagious diseases. Asiatic labor¬ 
ers, and persons who make contracts for labor before 
coming to the United States, are also excluded. 

Interstate Commerce. — At first Congress did not 
find it necessary to pass many laws regarding inter¬ 
state commerce; but the building of railroads and the 
growth of large corporations led later to many impor¬ 
tant regulations. Beginning in 1887, Congress has 
passed many laws to regulate railroads and similar cor¬ 
porations engaged in interstate commerce. An inter¬ 
state commerce commission of eleven members appointed 
by the President administers the laws which affect 
rates of service and the safety of passengers and em¬ 
ployees. The growth of large corporations and trusts 
led to the enactment of laws prohibiting undesirable 
business methods in interstate commerce. A federal 
trade commission of five members appointed by the 
President supervises the administration of these laws. 
Congress has also passed laws for the inspection of 
meat, and pure food laws for preventing the adultera¬ 
tion and misbranding of foods and drugs so far as these 
articles enter into interstate or foreign commerce. 

Weights and Measures. — Weights and measures 
are of great importance to commerce. Congress has 
the power to establish a system for the United States, 
but has used this power to only a slight extent. As a 


PRINCIPAL POWERS OF CONGRESS 


177 


result the matter has been regulated by the states, which 
have followed the old English system instead of the 
modern metric system, now used in most civilized 
countries. Under an act of Congress, the metric sys¬ 
tem may be used, but this is not obligatory. 

IV. Money 

Coins. — Money, as the standard of value and a 
medium of exchange, is of great importance to commerce. 
Congress has full power to determine the kinds of 
money which can be used throughout the United States. 
There are two kinds, — coins, or metallic money, and 
paper money. Coins are either gold, silver, nickel, or 
copper. Gold is used for the larger denominations; 
silver for the dollar, half dollar, quarter, and dime; 
nickel for the five cent piece, and copper for the cent. 
Coins are made in the four government mints, located 
in different parts of the country. 

Gold and Silver Certificates. — There are six kinds 
of paper money in the United States, — gold certifi¬ 
cates, silver certificates, treasury notes, United States 
notes, national bank notes, and federal reserve notes. 
As gold and silver coins are not convenient to carry in 
large amounts, the law permits any one to deposit such 
coins in the United States treasury and receive certifi¬ 
cates for the same amount. The coins are kept in the 
treasury to redeem such certificates at any time. 

Treasury Notes. — Between 1890 and 1893 the gov¬ 
ernment purchased a large amount of silver and paid 
for it by issuing treasury notes. Most of these notes 



178 


GOVERNMENT IN MISSOURI 


have been redeemed, and only a small amount remain 
in circulation. 

United States Notes. — During the Civil War the 
government did not raise enough money by taxation 
and loans to meet its expenses. Hence it issued United 
States notes, called “ greenbacks,” each of which was 
a promise to pay a certain amount. These notes were 
made legal tender; that is, persons were obliged to accept 
them in payment of debts. They represent a part of the 
national debt, but do not bear interest. The govern¬ 
ment redeems these notes in coin, but they are put into 
circulation again, as it is the policy not to retire them. 
The amount is not increased or diminished. 

National Bank and Federal Reserve Notes. — Congress 
gives national banks the right to issue paper money 
called bank notes. These notes are the promises of 
the bank to pay the amounts named. Under a law of 
1913 the country is divided into twelve districts, and 
the banks in each district form a federal reserve bank, 
which issues federal reserve notes. These notes will 
gradually take the place of national bank notes. A fed¬ 
eral reserve board of seven members appointed by the 
President supervises the entire federal reserve system. 

Amount of Money in the United States. — The total 
amount of money in the United States on July 1, 1920, 
was $7,894,498,099. The sum of $1,806,943,012 was 
in the treasury of the United States and the federal 
reserve banks, and the remainder was in circulation. 
The following table shows the amount of each kind of 
money in circulation in the United States:— 


PRINCIPAL POWERS OF CONGRESS 179 


Gold Coin.$ 839,244,553 

Silver Coin. 386,257,855 

Gold Certificates. 390,665,365 

Silver Certificates. 118,257,883 

United States Notes. 337,113,852 

Federal Reserve Notes. 3,318,284,078 

Treasury Notes. 1,656,227 

National Bank Notes. 696,075,274 


Total in circulation.$6,087,555,087 


Suggestive Questions 

Why are the powers of Congress said to be “ enumerated ” ? 
What are the principal classes of its powers? 

What kinds of taxes are levied by Congress ? Why does it not 
levy direct taxes ? 

What are customs duties? How are they collected? What is 
meant by a protective tariff ? Why is it favored ? Why opposed ? 

What are internal revenue taxes? Name the most important 
taxes of this class. How are they collected? In what internal 
revenue district do you live? 

What is the amount of the national bonded debt? For what 
purposes was this debt created? 

How are national expenditures authorized? What are the 
chief items of expenditure ? What are the chief sources of revenue ? 

What has been the national policy regarding the size of the 
army? What is its present size? What is the strength of the 
militia ? How may it be used by the national government ? Give 
the organized strength of the naval forces. Explain the system of 
military pensions. 

What kind of commerce is regulated by the states? by Con¬ 
gress? Name some of the regulations of foreign commerce; of 
interstate commerce. Why was Congress given the power to regu¬ 
late weights and measures ? 

Name the two kinds of money; the different kinds of coined money; 
the different kinds of paper money. What is legal tender ? Are 
national bank notes legal tender ? What are federal reserve notes ? 












CHAPTER XX 


POWERS OF CONGRESS (POSTAL SYSTEM, ETC.) 

The Postal Business. — The Constitution gives 
Congress the power to establish post offices and post 
roads. In the beginning of the government this work 
was practically limited to what was necessary for carry¬ 
ing the mail. The postal business has constantly in¬ 
creased not only in amount but in the different kinds 
of things attended to. Its importance is shown by the 
fact that it costs more money than any other depart¬ 
ment of the government. Its income, however, is 
usually sufficient to pay its expenses. As the postal 
system is of great importance not only to commerce 
but to social life and welfare, the government does not 
try to make a profit, but aims to make the service to 
the people as good and as cheap as possible. The prin¬ 
cipal divisions of the postal business are the carrying 
and delivery of the mail, money orders and postal sav¬ 
ings banks, and the parcels post. 

Mail Service. — Letters, postal cards, newspapers, 
books, etc., are included under mail matter. The 
government carries the mail on railroads, steamships, 
and other conveyances. For purposes of delivery, 
post offices are established in cities and villages. In 
cities which have 10,000 or more inhabitants or which 
do a postal business of at least $10,000 a year, there is 
180 


POWERS OF CONGRESS 


181 


free delivery of mail to residences and places of busi¬ 
ness. Rural free delivery, which was first tried in 1897, 
has been rapidly extended to practically all country 
districts which have passable roads. In 1915 there were 
43,710 carriers in this service. Special delivery service 
is provided in cities, so that for a ten-cent stamp in 
addition to the regular postage a letter can be delivered 
immediately after its arrival at the post office. In 
order to secure safe delivery, valuable letters or pack¬ 
ages may be registered at a cost of ten cents. In case 
of loss the owner is paid the value, not exceeding $50. 

Money Orders and Postal Savings Banks. — In 
order to furnish people a safe and cheap method of 
sending money from one place to another the post 
office sells money orders. A person pays the post¬ 
master the amount of the order plus a small fee. The 
person to whom the order is sent can collect the amount 
at the post office in his city. In 1910, Congress pro¬ 
vided for postal savings banks at post offices. These 
are intended to provide a safe place for the investment 
of small amounts of money. Any one can deposit with 
the postmaster any amount between $1 and $1000. 
The sums deposited draw interest at the rate of 2 per 
cent a year. The deposit of an additional amount up 
to $1000 without interest is permitted. 

The Parcel Post. — While the government for a long 
time carried small packages by post, a parcel post sys¬ 
tem was not introduced until 1913, when packages not 
exceeding eleven pounds in weight were carried at low 
rates which varied according to distance. The plan 


182 


GOVERNMENT IN MISSOURI 


met with success and in 1914 the rates were reduced 
while the weight limit was increased to twenty- 
pounds for long distances and fifty pounds for short 
distances. 

National* Territories. — The United States owns 
territory which it has acquired by treaty and in other 
ways. As this territory is not part of any state, the 
Congress has full power to make all laws which are 
necessary for its government. It is divided into 
two kinds of territories, besides the District of 
Columbia. 

We have seen how the national government divided 
its public lands into districts called territories and pro¬ 
vided for their government until they were admitted as 
states. Since the Constitution was adopted, Congress 
has admitted 35 states, of which all but 6 passed through 
the territorial stage of government before being ad¬ 
mitted into the Union. The present territories are of 
two kinds, — representative and non-representative. 
In the representative territories both houses of the 
legislature are elected by the voters, and the govern¬ 
ment is similar to that of the states except that the 
governor and judges of the supreme court are appointed 
by the President. Hawaii, Porto Rico, the Philippine 
Islands, and Alaska are the territories of this kind. It 
is only in Hawaii and Porto Rico that the native in¬ 
habitants are given full citizenship, and their legisla¬ 
tures have greater powers than those of the other 
territories. In 1916 the islands of St. Thomas, St. John, 
and St. Croix were purchased from Denmark, but Con- 


POWERS OF CONGRESS 


183 


gress did not provide a permanent form of territorial 
government for them. The Panama Canal Zone, the 
Samoan Islands, and Guam have no representative 
government. Their affairs are attended to by offi¬ 
cials appointed by the President. It is probable 
that neither Hawaii nor any of the other territories 
will be admitted as states, because of the character 
of their population and their distance from the United 
States. 

District of Columbia. — The District of Columbia, 
which is about 70 square miles in area, was ceded by 
Maryland to the United States to become the national 
capital. Congress makes all the laws for this district. 
The administration of local affairs is in the hands of 
three commissioners appointed by the President. 

Reservations. — Congress has full power to control 
all matters relating to those Indians who still live in 
tribes. The lands on which these Indians live are called 
Indian reservations, and are under the control of Indian 
agents appointed by the President. Congress has also 
provided for military and forest reservations as well as 
for national parks. The national government has 
property for forts, dockyards, naval stations, post 
offices, customhouses, etc., all of which are managed 
in accordance with acts of Congress. 

Most of the Indian, forest, and other reservations 
were created out of the public lands of the United 
States. Nearly two thirds of the entire area of the 
United States was included at one time or another in 
the public lands. These lands were surveyed (page 48), 


184 


GOVERNMENT IN MISSOURI 


and a large part sold to settlers at low prices. Grants 
of public land were made to states for purposes of 
education and internal improvements. Corporations 
were also given lands to aid in building railroads. In 
1920, the public lands which had not been sold, given 
away, or included in reservations amounted to about 
200,000,000 acres, in addition to about 360,000,000 
acres in Alaska. Most of these lands are in the 
western states, and cannot be used for farming be¬ 
cause of lack of water. Congress has made provision 
for the irrigation of a large area of these lands. The 
public lands are sold through public land offices in 
the different states which contain such land. The land 
office is in charge of a register, who issues certificates 
to those who purchase lands. The patent, or deed to 
the land, is later issued from the general land office at 
Washington. Practically all land in Missouri was 
originally public land, but all of this has been dis¬ 
posed of except a very small amount in a few 
counties. 

Patents, Copyrights, and Trade-Marks. — The Con¬ 
stitution gives Congress the power to legislate regard¬ 
ing patents and copyrights. A patent gives to one who 
makes a new invention the exclusive right for a lim¬ 
ited period to manufacture and sell it. Congress has 
fixed this period at seventeen years. A copyright is a 
similar privilege which can be secured by one who has 
written a book, composed music, or produced a work of 
art. It gives to such a person the sole right to print 
or sell the article of which he is the author. The term 


POWERS OF CONGRESS 


185 


of a copyright is twsnty-eight years, but this may be 
renewed for another term of equal length. A trade¬ 
mark is a certain symbol or sign adopted by a merchant 
to indicate his business or the goods which he manu¬ 
factures. As Congress has not been given power re¬ 
garding trade-marks, they are protected by state laws. 
Congress may protect them so far as the goods enter 
interstate or foreign commerce, and a law exists for this 
purpose. 

Naturalization. — We have already seen that citi¬ 
zens are either native-born or naturalized, and we have 
studied the process of making an alien a naturalized 
citizen (page 21). Congress has provided this method, 
and has full power over the matter. 

Bankruptcy Legislation. — A person whose debts are 
greater than his money or other property is called a 
bankrupt. If he gives his creditors all his property 
he should be free from further liability so that he may 
have another chance to engage in business. Congress 
has power to pass uniform laws regulating bankruptcy 
in the United States. If Congress does not act, the 
states may regulate this matter. In 1898, Congress 
passed a national bankruptcy law which is still in effect. 

Legislation regarding Crime. — In the states the 
legislatures have the power to make laws regarding 
crimes. Congress has been given power of this kind 
in only a few cases. It provides for the punishment of 
piracy and other crimes committed on the high seas, 
and offenses against the law of nations. A citizen 
who engages in war against the United States or assists 


186 


GOVERNMENT IN MISSOURI 


its enemies is guilty of treason. Congress provides the 
punishment for treason and also for counterfeiting, which 
is the crime of making coins or paper to circulate as 
money. 

Legislation regarding Governmental Organization. 

— The Constitution provides for only the important 
or fundamental organization of the government. Other 
matters of governmental organization are left to be 
regulated by Congress. Thus most of the executive, 
administrative, and judicial offices are provided for by 
Congress, which fixes the powers, duties, salary, and 
other matters connected with them. 

Implied Powers. — While Congress has only such 
powers as are granted or enumerated, it is not limited 
to those expressly mentioned in the Constitution. 
Article I, Section 8, Paragraph 18, of the Constitution 
provides that Congress shall have power to make all 
laws which shall be necessary and proper to carry 
its express powers into execution. These are called 
implied powers , and individuals and political parties 
have differed regarding the extent of such powers. 
Some insist that they shall be strictly limited to such 
as are absolutely necessary, while others believe in 
giving Congress the power in all cases in which it is 
desirable to have it act. An example of an implied 
power is the creation of national banks. Congress is 
not expressly authorized to do this. But it is given 
the express powers to borrow money and collect taxes, 
and it was held that it must have the implied power 
to create banks to assist it in these matters. 


POWERS OF CONGRESS 


187 


Restrictions upon Congress. — The Constitution has 
placed some restrictions upon the powers granted to 
Congress. We have noted some limitations upon its 
revenue powers (page 168). There are other restric¬ 
tions which are intended to protect the individual in 
his personal and property rights. Most of these can 
be found in the Constitution, Article I, Section 9, and 
in the first ten amendments to the Constitution. 

Suggestive Questions 

Explain the importance of the postal system. What different 
kinds of business does it include ? What is a postal savings bank ? 
Is there one in your county ? Explain the parcel post. 

Name the different classes of territories. In what class is 
Hawaii? Porto Rico? the Philippines? Name the other terri¬ 
tories and explain how they are governed. What is the District 
of Columbia? How is it governed? 

For what purposes are reservations established ? How are they 
governed ? 

How did the national government acquire the public lands? 
What has it done with these lands ? What amount does it still 
own? 

Explain a patent right; copyright; trade-mark; bankrupt law; 
treason; counterfeiting. 

What is meant by the implied powers of Congress? Give two 
examples of such powers. 


CHAPTER XXI 


THE PRESIDENT (EXECUTIVE ORGANIZATION AND 
POWERS) 

Presidential Nominations. — The chief executive 
of the United States is the President. The Constitu¬ 
tion does not provide for his election directly by the 
people, but we shall see that custom has changed the 
rule so that the election is practically direct. We 
have already seen that at elections the voters must 
choose between persons who have been nominated by 
the political parties (page 27). Hence we must see 
how presidential nominations are made. 

Each political party holds a national convention 
usually in June of the year in which a presidential elec¬ 
tion is held. Each state is usually entitled to twice as 
many delegates as it has senators and representatives 
in Congress. Thus Missouri has 36 delegates. In ad¬ 
dition the territories and the District of Columbia are 
each permitted to send from two to six delegates. The 
delegates are usually selected by conventions made up 
of members who have been elected by the voters of the 
political party in the different counties of the state. 
In some states the delegates to the national convention 
are selected by a direct primary. 

As there are 435 representatives and 96 senators, 
the delegates from the states amount to 1062, As 
188 


THE PRESIDENT 


189 


the Republican party does not give the full number 
of delegates to states which poll a small Republican 
vote, its national convention has less than 1000 
delegates. 

The convention is held in some city which furnishes 
a large hall for the meetings. A platform , or declara¬ 
tion of party principles, is adopted. Candidates are 
placed in nomination, and the roll of states is called for 
the choice of the convention. In the Republican na¬ 
tional convention a majority vote is sufficient for the 
selection, but the Democrats require a two-thirds vote 
for this purpose. The person selected is declared the 
presidential nominee of the party. A nominee for 
Vice President is chosen by the convention in the same 
manner. 

Presidential Election. — The Constitution provides 
that the President and Vice President shall be elected 
by electors who are chosen in the different states. 
Each state has as many electors as it has senators and 
representatives in Congress. Thus, Missouri has 18 
presidential electors. These electors are nominated by 
the state conventions, and, if elected, are morally bound 
to vote for the person nominated by the national con¬ 
vention of their party. The names of the electors are 
placed on the ballot of their party under the name of 
their candidate for the President. The voter does not 
pay any attention to the electprs, as he knows they will 
vote for the nominee of their party. 

Within a day or two after the election in November, 
it is known which party has elected the most electors, 


190 


GOVERNMENT IN MISSOURI 


and hence the election of the President is settled. It is 
necessary, however, to go through the forms provided 
by the Constitution. The electors in each state meet 
at the state capital on the second Monday in January 
after their election and cast their ballots for President 
and Vice President. The votes are sent to the presi¬ 
dent of the United States senate, and on the second 
Wednesday of February they are counted in the presence 
of both houses of Congress. The candidates who have 
received a majority of all the votes are declared elected, 
and are inaugurated as President and Vice President 
on the fourth day of March. 

If no one has received the votes of a majority of 
all the electors, the election is left to the two houses of 
Congress. The senate decides between the two candi¬ 
dates for the office of Vice President who received the 
highest number of votes, while the house of represent¬ 
atives chooses a President from the candidates, not 
exceeding three, who have the highest number of votes 
for that office. In choosing the President the houses 
vote by states, the delegation of representatives from 
each state having one vote, and a majority of all the 
states is necessary to elect. If the house fails to 
choose a President in this manner, the Vice President 
becomes President. 

Term of Office. — The President is elected for a term 
of four years. At the end of his term a strong Presi¬ 
dent is usually elected for a second term. It has be¬ 
come a tradition, though not a law, that no one shall 
be elected President for more than two terms. 


THE PRESIDENT 


191 


Qualifications. — A naturalized citizen cannot be¬ 
come President, as the Constitution restricts the office 
to native-born citizens. The President must be at 
least 35 years of age and have resided in the United 
States 14 years. 

Compensation. — The President receives a salary of 
$75,000 a year. He is furnished an official residence 
in the White House. He receives a large sum for ex¬ 
penses in connection with keeping up the house, 
grounds, etc. 

The Vice President. — The Vice President is chosen 
in the same manner as the President. He is elected 
for the same term and must possess the same qualifica¬ 
tions. He receives a salary of $12,000 a year. As we 
have seen, the Vice President is the presiding officer 
of the senate. The chief purpose of the office, however, 
is to provide for the succession to the presidency. If 
the President dies, resigns, or is removed from office, 
or is unable for any reason to perform his duties, he 
is succeeded by the Vice President. Congress has 
provided that, in case there is no Vice President or he 
is unable to perform the duties of President, the heads 
of the executive departments shall succeed in a fixed 
order, beginning with the secretary of state. There 
have been five cases of presidential succession. Each 
was due to the death of the President, and the Vice 
President succeeded in each case. 

Executive Powers. — The Constitution provides that 
the executive power shall be vested in the President, and 
that “ he shall take care that the laws be faithfully 

GOVT. MO.- 13 


192 


GOVERNMENT IN MISSOURI 


executed.” As a result of other powers which have 
been given to him, the President has full control over 
all executive and administrative officials of the United 
States and can use the entire civil and military forces 
to execute the laws. These other powers of the Presi¬ 
dent may be classified as power of appointment and 
removal, control over foreign affairs, military powers, 
control over legislation, and the pardoning power. 

Power of Appointment and Removal. — When we 
studied state and local government in Missouri, we 
saw that most of the officials were elected by the people. 
This was not the original rule, as during the colonial 
and early state periods the governor appointed prac¬ 
tically all officials. The Constitution of the United 
States followed the original rule, with the result that the 
President and Vice President are the only national 
officials elected. All other important officials are 
appointed by the President. In most cases the ap¬ 
proval of the Senate is required, but this is usually 
given. Practically all the less important officials are 
appointed by the heads of the executive departments. 
Appointments are usually made for a term of four 
years. The President has, however, the power to 
remove any official appointed by him, except the judges. 
This can be done at any time and for any cause. In this 
way the President has a control over all the officials 
of the administration and can direct them in the per¬ 
formance of their duties. 

Civil Service and the Spoils System. — The civil 
service includes practically all the officials of the ex- 


THE PRESIDENT 


193 


ecutive department except the officers of the army and 
navy. The extent of the business of the national gov¬ 
ernment is shown by the fact that on July 31, 1920, 
there were 691,116 officials and employees in the civil 
service. Of these, less than 15,000 were appointed by 
the President. The great majority of the remaining em¬ 
ployees have nothing to do with the policy of the gov¬ 
ernment or the questions which divide political parties. 
They are clerks, postal employees, laborers, etc. It was 
the original rule for such persons to keep their positions 
as long as they gave good service. Beginning with 
the administration of President Jackson there was intro¬ 
duced the theory that “to the victors belong the spoils,” 
which means that the political party which wins the 
presidential election has a right to reward its supporters 
by giving them government positions. This involved 
the removal of officials who belonged to the other polit¬ 
ical party. The adoption of this policy led to evil 
results. Many of the persons appointed were not 
qualified to perform the duties of the office. Good 
officials left the service of the government on account 
of the insecurity of their positions. 

Civil Service Reform. — In 1881 President Garfield 
was assassinated by an office seeker who had failed to 
get an appointment. This called public attention to 
the evils of the spoils system, and in 1883 Congress 
passed the civil service law. This provides that per¬ 
sons who wish to enter the civil service must take 
examinations to show their fitness for the positions. 
Appointments are made from among those who receive 


194 


GOVERNMENT IN MISSOURI 


the highest grade on such examinations. A person 
who has received an appointment in this manner can¬ 
not be removed from his position except for just cause. 
Removals for political or religious reasons are expressly 
forbidden. A civil service commission of three members 
appointed by the President provides for the examina¬ 
tions ‘and investigates violations of the civil service 
law and rules. 

When the civil service law was passed, only a small 
number of the positions in the civil service were made 
subject to its provisions. The President was given 
power to extend the law to other parts of the service. 
The different Presidents have made so many extensions 
that on June 30, 1916, there were 296,926 positions 
subject to the civil service examinations. This num¬ 
ber is nearly two thirds of the total civil service. 
Great improvement in the conduct of government 
business has resulted from this reform. 

Control over Foreign Affairs. — The President, as 
the chief executive, represents the United States in all 
its relations with foreign governments. He appoints 
ambassadors, ministers, consuls, and other officials 
who reside in foreign countries and attend to matters 
which affect the United States or its citizens. Similar 
representatives are sent by foreign governments to 
this country. The privilege of sending these repre¬ 
sentatives, and other relations between the United 
States and foreign countries, are regulated by treaties , 
which are agreements made between them. The 
treaties to which the United States is a party are drawn 


THE PRESIDENT 


195 


up under the orders of the President. They do not go 
into effect, however, unless the}^ are ratified by a two- 
thirds vote of the senate, and then signed by the Presi¬ 
dent. 

Military Powers. — The Constitution makes the 
President commander in chief of the army and navy, 
including the state militia when it is called into the 
service of the United States. This gives very great 
power to the President. As we have seen, Congress 
determines the size of the army and navy and provides 
for their organization and government. It also has 
the power to declare war. The President, however, 
as the commander in chief, controls the movements 
of the troops and war vessels. By means of this power 
and his control over foreign relations, he may create 
a situation which will force Congress to declare war. 
During war his powers are practically unlimited, as 
he must be able to do whatever is necessary for the 
protection of the country. 

Powers over Legislation. — In Chapter XVIII, deal¬ 
ing with Proceedings in Congress, we have studied the 
President’s influence on legislation. He has the right 
to call extra sessions, send messages of recommendation, 
and veto bills which have passed both houses of Congress. 

Pardoning Power. — The President has the power 
to grant reprieves, commutations, and pardons for 
offenses against the United States. This power is 
practically the same as that possessed by the governor 
of Missouri with relation to crimes committed against 
the state (page 93). 


196 


GOVERNMENT IN MISSOURI 


Suggestive Questions 

Why is' a national convention held? Explain its composition. 
How are delegates chosen? What is a “platform”? 

What is meant by the indirect election of the President ? How 
has the election been made practically direct? How many presi¬ 
dential electors does Missouri elect? How are they nominated 
and instructed ? 

How are the votes of the electors counted? How many votes 
/are necessary to an election? If no candidate receives enough 
votes, how is a President elected ? a Vice President ? 

Who succeeds in case of a vacancy in the office of President? 
What is the rule if there is no Vice President ? 

What is the term of the President ? State the custom regarding 
reelection. 

What is the compensation of the President? What qualifica¬ 
tions must he possess? 

Explain the President’s power of appointment and removal. 
Compare with that of the governor of Missouri. What is the 
spoils system ? Explain civil service reform. What proportion of 
the offices are subject to the civil service rules? 

What is the President’s power over foreign affairs? Through 
what officials does he act? What are treaties? How are they 
made and ratified? 

Explain the President’s military powers; legislative powers; 
pardoning power. 


CHAPTER XXII 


EXECUTIVE DEPARTMENTS AND THE CABINET 

The Executive Departments. — We have seen that 
in Missouri the execution and administration of the 
laws is divided among a large number of separate de¬ 
partments. Each department attends to only a few 
matters of administration. The national government 
has adopted a different plan. There are only a few 
departments, but each deals with a large number of 
important matters. The heads of the national depart¬ 
ments are all appointed by the President, who may also 
remove them from office. In Missouri some are elected, 
while others are appointed by the governor, who does 
not have any general power of removal. In the na¬ 
tional government, the President, having full power, 
can be held responsible by the people for the acts of 
the heads of departments and the general character of 
the government. 

When the government was first organized under the 
Constitution, the Congress established the three execu¬ 
tive departments of state, treasury, and war, and the 
office of attorney-general. The latter did not have 
many administrative duties attached to it, and was 
not made an executive department until 1870, when 
it became known as the department of justice. As 
197 


198 


GOVERNMENT IN MISSOURI 


population and territory increased and the business 
of the government expanded, new executive depart¬ 
ments were added as follows: navy (1798), post office 
(1829), interior (1849), agriculture (1889), commerce 
(1903), labor (1913), making ten in all. As a new de¬ 
partment was established some matters would be trans¬ 
ferred to it from the other departments. Thus, for 
example, naval affairs were originally under the war 
department. 

The Cabinet. — The heads of the executive depart¬ 
ments are also members of the President’s cabinet. 
The cabinet is a council which advises the President 
regarding matters of governmental policy and admin¬ 
istration. The President is not legally obliged to ask 
or follow this advice. As the members of the cabinet 
are usually important leaders of his political party, 
their opinions are of importance and usually have great 
influence upon the President. Members of the cabinet 
are appointed by the President. While the consent of 
the senate is necessary, it is usually given, as it is felt 
that the President should be free in selecting his ad¬ 
visers. Each of the members of the cabinet receives 
a salary of $12,000 a year. 

The Departmental Organization. — At the head of 
each department there is a secretary, except in the 
department of justice and the post office, where the 
titles are attorney-general and postmaster-general. 
Each head has one or more assistant secretaries. The 
departments are usually divided into bureaus or offices } 
and each of these generally includes several divisions. 


THE NATIONAL EXECUTIVE DEPARTMENTS 199 

The head of a bureau is usually called a commissioner , 
while the head of a division is a chief. All the clerks 
in a division are directed by and responsible to the 
chief. The division chiefs bear the same relation to 
the commissioner at the head of a bureau. An assist¬ 
ant secretary has several bureaus under his super¬ 
vision, while the secretary or head looks after and con¬ 
trols the administration of the entire department. 

Department of State. — The head of the department 
of state is the secretary of state. His duties are in 
part similar to those of the official of the same name 
in Missouri. He keeps the official documents of Con¬ 
gress, the treaties and proclamations of the executive, 
and a record of the acts of the President. He is also 
the custodian of the great seal of the United States. 
His most important duties, however, have to do with 
the administration of foreign affairs, which is placed in 
his department. There are eight bureaus in the depart¬ 
ment of state. The most important are the diplomatic 
and consular bureaus. The diplomatic bureau has 
charge of communications and proceedings with foreign 
governments. These are carried on by means of our 
ambassadors, ministers, etc., in foreign countries, or 
through similar representatives at Washington. The 
consular bureau has charge of communications with 
American consuls, who are located in the principal 
foreign cities. They look after the interests of our 
commerce in their consular districts and have important 
duties in connection with the laws regarding naviga¬ 
tion, imports, naturalization, etc. 


200 


GOVERNMENT IN MISSOURI 


Department of the Treasury. — The secretary of the 
treasury is the head of the treasury department. His 
duties, which relate to revenue, expenditures, and 
money, are of the highest importance. 1 There are 
three assistant secretaries, of whom one deals with 
customs service , while a commissioner of internal revenue 
administers the laws regarding internal revenue taxa¬ 
tion. There is a treasurer of the United States, with 
whom all money of the government is deposited, to 
be paid out only upon a warrant or order signed by 
the proper officials. There are a series of auditors , 
who pass upon accounts against the government. 
The comptroller of the treasury decides questions regard¬ 
ing the validity of any accounts, countersigns warrants, 
and supervises the bookkeeping of the government. 
The register of the treasury signs all bonds, treasury 
notes, and coin certificates issued by the government. 
The comptroller of the currency administers the laws 
regulating national banks, including their organization 
and examination and the issue of bank notes. The 
director of the mint has charge of all mints and the coin¬ 
age of money. The bureau of engraving and printing 
attends to the engraving and printing of all paper 
money, bonds, postage and revenue stamps, licenses, 
etc. which are used or issued by the government. 

In addition to the above, the treasury department 
deals with a number of miscellaneous matters. The 
supervising architect has duties in connection with public 
buildings of the government, such as customhouses, 

1 For an account of these matters see pages 168-173, 177-179. 


THE NATIONAL EXECUTIVE DEPARTMENTS 201 


post offices, etc. He purchases sites, makes plans for 
and looks after the construction of such buildings, and 
has charge of them when they are completed and in 
use. A surgeon-general is in charge of the public health 
service , which looks after the inspection of immigrants 
and quarantine matters. The coast guard is intended 
to save lives and property and prevent smuggling on 
the lakes and sea coast. It is a part of our military 
forces and in time of war is controlled by the navy. 
The farm loan board administers the federal system of 
rural credits. The secret service consists of a body of 
detectives who prevent revenue frauds and other crimes, 
such as counterfeiting. 

Department of War. — The department of war 
deals with matters relating to the army. There are 
various offices and bureaus in the department which 
have in charge the furnishing of food, clothing, and 
transportation, arms and ammunition, medical service, 
etc. The board of engineers , which attends to the con¬ 
struction of fortifications and other military works, has 
also been given charge of the improvement of rivers and 
harbors. The bureau of insular affairs deals with mat¬ 
ters relating to the government in the Philippines. The 
secretary and assistant secretary are civil officials, but 
the heads of offices and bureaus are army officers. 1 

Department of the Navy. — The department of the 
navy has charge of naval affairs. It has bureaus deal¬ 
ing with navy yards and docks, the construction, re¬ 
pair, equipment, and navigation of war vessels, supplies, 

1 For a further account of the army, see page 173. 


202 


GOVERNMENT IN MISSOURI 


arms, ammunition, and medical service. As in the 
department of war, the secretary and assistant secre¬ 
tary are civil officials, but the heads of bureaus are 
naval officers. 1 

Department of Justice. — The head of the depart¬ 
ment of justice is the attorney-general, who is the legal 
adviser of the President and the heads of departments. 
He has supervision over United States district attor¬ 
neys and marshals, as well as federal prisons. He can 
direct the district attorneys regarding cases in which 
the United States is a party. When these cases come 
before the Supreme Court, he or some of his assistants 
represent the government. 

Post Office Department. — The postmaster-general 
has charge of the postal system, which has already been 
described (page 180). He is assisted by four assistant 
postmasters-general, among whom are divided the 
different classes of business of the department. 

Department of the Interior. — The secretary of the 
interior deals with a large number of important matters. 
The public lands, patents, military pensions, and Indian 
affairs are each under the charge of a commissioner. 
There is also a commissioner of education, who has charge 
of schools for natives in Alaska, and collects and pub¬ 
lishes information regarding schools and education in 
general. The director of the reclamation service has 
charge of irrigation works on arid lands in the West. 
The director of the geological survey makes scientific 
investigations regarding geological structure and min- 

1 For a further account of the navy, see page 174. 


THE NATIONAL EXECUTIVE DEPARTMENTS 203 

eral resources, while the director of mines has duties in 
connection with mines and the safety of miners. 

Department of Agriculture. — The secretary of 
agriculture deals with matters for the promotion of 
agriculture. He also administers the pure-food 
and meat-inspection laws. The department includes 
the bureaus of animal industry, plant industry, chem¬ 
istry, forest service, soils, entomology, biological survey, the 
weather bureau, states relations service, and the offices of 
public roads, markets and farm management stations. 

Department of Commerce. —This department promotes 
our commercial interests. It has bureaus of commerce 
and manufactures, which publish information relating 
to these subjects. The census office takes the census 
every ten years. The bureaus of lighthouses, navigation, 
steamboat inspection service, and coast and geodetic survey 
have duties in connection with the safety of navigation. 
The bureau of standards has charge of the national 
standards of weights and measures. The bureau of 
fisheries investigates food fishes, and maintains fish 
hatcheries. 

Department of Labor. — This department promotes 
the welfare of the laborers of the United States. It has 
bureaus of immigration and naturalization, which ad¬ 
minister the laws relating to those subjects. A bureau 
of labor statistics and a children’s bureau collect and 
publish information of importance to the welfare of 
laborers and children. 

Independent Bureaus. — There are also a number of 
special bureaus, commissions, etc., which are independ- 


204 


GOVERNMENT IN MISSOURI 


ent of any executive department. The interstate com¬ 
merce and federal trade commissions (page 176), the 
federal reserve board (page 178), and the civil service 
commission (page 194) have already been considered. 
The government printing office attends to the printing 
and binding of government publications. It is man¬ 
aged by a public printer appointed by the President. 
The library of Congress , or the national library, is under 
the direction of a librarian appointed by the President. 
The copyright office , under a register of copyrights , is a 
division of the library, having in charge all matters 
relating to copyrights. 

Suggestive Questions 

Name the executive departments of the national government. 
How are these related to the cabinet? To what extent does the 
cabinet influence the acts of the President? Explain the general 
organization of the departments. 

Explain the different classes of powers of the department of 
state. What are diplomatic affairs ? What are consular affairs ? 

What are the general matters belonging to the department of 
the treasury? What are the duties of the director of the mint? 
of the comptroller of the currency ? How many national banks in 
your county? Is there a national public building in your city? 

What important matters besides the army are attended to by 
the war department? What kind of officials are at the head of 
the offices and bureaus in the war and navy departments ? 

Explain the duties of the attorney-general; of the postmaster- 
general. 

What important matters are attended to by the interior de¬ 
partment? the department of agriculture? the departments of 
commerce and labor ? Is any official of these departments in your 
city ? What is the weather bureau ? What is the census office ? 


CHAPTER XXIII 


THE NATIONAL COURTS 

The National Judicial Power. — Most of the ques¬ 
tions which need to be decided by judiciary can be 
settled in the courts of a state. There are some mat¬ 
ters, however, which affect more than one state or 
which have to do with the national government. 
Hence the Constitution, Article III, provides for a 
system of national courts, and determines the powers 
which they may exercise. This judicial power in¬ 
cludes : 

First, all cases in which the question in dispute has 
to do with any law of Congress or treaty of the United 
States. Examples of these questions are matters re¬ 
lating to foreign affairs, foreign or interstate com¬ 
merce, money, customs duties, internal revenue taxes, 
the postal system, Indians, territories, army, navy, and 
any department or official of the United States. 

Second, suits to which the United States is a party, 
such as a dispute over the ownership of some land 
claimed by the national government. 

Third, disputes between two or more states, such 
as a question regarding boundaries. These questions 
could not be settled in any one state court. 

Fourth, suits between citizens of different states, such 
205 


206 


GOVERNMENT IN MISSOURI 


as the enforcement of a contract by a citizen of Mis- 
souri against one who resides in Illinois. The suit may 
be brought in the courts of Illinois, but if the plaintiff 
thinks that these courts will be partial to their own 
citizens, he can have the suit taken to a national court. 

Fifth, all questions affecting the Constitution of the 
United States and the division of powers which it 
makes between the states and the national government. 
If a state legislature passes a law regarding a matter 
over which Congress has been given control, or which 
has been prohibited to the states, the courts will de¬ 
clare the act unconstitutional. Thus, for example, 
a state law which related to the postal system would 
be invalid. The same is true of any act of Congress 
which relates to a matter over which it has not been 
granted power. Thus, an attempt on the part of 
Congress to regulate public schools in Missouri would 
be unconstitutional. There are three grades of na¬ 
tional courts, — district courts , circuit courts of appeals , 
and Supreme Court. There are also some courts for 
special purposes, such as the court of claims , court of 
customs appeals , and commerce court. 

The District Courts. — The district court is the 
national court of lowest grade. There is, in each state, 
at least one district court, which is held by a district 
judge. The populous states are divided into two or 
more districts, with a court in each district. In 1921, 
there were 99 district judges. Each district is usually 
divided into several divisions , and the court holds ses¬ 
sions at some place or places in each division. For 


THE NATIONAL COURTS 


207 


example, Missouri is divided into the eastern and west¬ 
ern districts. The eastern district is divided into three 
divisions, and the district court holds sessions at St. 
Louis and Rolla in the eastern division , Hannibal in the 
northern division , and Cape Girardeau in the south¬ 
eastern division. The western district has five divi¬ 
sions, and the court holds sessions at Kansas City in 
the western division , St. Joseph in the St. Joseph divi¬ 
sion, Jefferson City in the central division , Springfield 
in the southern division, and Joplin in the southwestern 
division. Those cases to which the judicial power of 
the United States applies are usually tried first in the 
district court. 

The Circuit Courts of Appeals. — After a case has 
been determined in a district court, an appeal may 
be taken to a higher court. At first these appeals were 
taken directly to the Supreme Court. As the number 
of cases increased, it became necessary to relieve the 
Supreme Court of some of ita burden. In 1891, Con¬ 
gress created the circuit courts of appeals. The entire 
country is divided into nine circuits, and there is a cir¬ 
cuit court of appeals for each circuit. There are two 
or more circuit judges for each circuit. In addition, 
one of the justices of the Supreme Court is assigned 
to each circuit. The circuit court of appeals is usually 
held by three circuit judges, but the judge of any dis¬ 
trict included within the circuit may act in place of a 
circuit judge. The cases which are appealed from the 
district court go as a rule to the circuit court of appeals, 
which gives a final decision in most of such cases. Mis- 

GOVT. MO. — 14 


208 


GOVERNMENT IN MISSOURI 


souri is in the eighth circuit. In this circuit, sessions 
of the circuit court of appeals are held each year at 
St. Louis, St. Paul, and Denver or Cheyenne. 

The Supreme Court. — The Supreme Court is the 
highest court in the United States. It consists of a 
chief justice and eight associate justices. While one of 
these justices is assigned to each circuit and may act as 
a member of the circuit court of appeals, this does not 
actually happen. The business of the Supreme Court 
is so great that it takes all the time of the justices. The 
Supreme Court meets at the national capitol in Wash¬ 
ington. While most of its cases come to it on appeal 
from the circuit courts of appeals, the district courts, 
or the state courts, there are some cases which are 
tried first in the Supreme Court. These are cases 
which affect ambassadors or ministers from a foreign 
country, and all disputes to which a state is a party. 1 

Special Courts. — The United States cannot be sued 
in the regular courts, but an individual may bring such 
a suit in the court of claims. This court consists of a 
chief justice and four associate justices. If a claim 
is found to be valid, the court reports its finding to 
Congress, which makes the necessary appropriation 
to pay it. The court of customs appeals, which consists 
of a presiding judge and four associate judges, decides 
appeals regarding certain questions of administration 
of the tariff laws. 

Appointment and Term of Judges. — We saw that in 
Missouri all judges are elected by the voters. In the 

1 See Constitution, Article III, Section 2, Paragraph 2. 


THE NATIONAL COURTS 


209 


national government the rule is appointment by the 
President with the consent of the senate. The term 
is also different, the judges of the national courts hold¬ 
ing during good behavior, while the state judges are 
chosen for definite terms of years. 

Compensation of Judges. — The Chief Justice of 
the Supreme Court receives an annual salary of $15,000, 
and each of the associate justices $14,500. Circuit 
judges are paid $8500 a year, while district judges 
receive $7500. After serving ten years any of these 
judges who is seventy years old may retire and receive 
his full salary for the rest of his life. These salaries 
are higher than those paid to most state judges. This 
fact, as well as the life term, enables the President to 
appoint good men, as the best lawyers and judges are 
willing to accept such appointments. 

Court Officers. — The Supreme Court appoints its 
clerk and marshal. Each of the other courts appoints 
a clerk , sometimes for each place in which it holds its 
sessions. The President appoints a United States 
attorney and marshal for each district. The duties of 
the attorney with relation to the courts which meet in 
his district are similar to those of the prosecuting 
attorney in Missouri, while the marshal has duties 
similar to those of a sheriff. Both the attorney and the 
marshal act in accordance with the instructions of the 
attorney-general of the United States. As we have 
seen, the attorney-general or his assistants appear for 
the government in the Supreme Court. 

Judicial Process. — The process in civil and criminal 


210 


GOVERNMENT IN MISSOURI 


cases in the courts of the United States is similar to 
that which we have discussed in Chapter XV, dealing 
with the State Judiciary. The Constitution of the 
United States, in Articles IV to VIII of the Amend¬ 
ments, guarantees to the individual practically the 
same privileges in judicial proceedings as are given by 
the constitution of Missouri. 

Court of Impeachment. — Under the Constitution, 
the President and all civil officials of the United States, 
including judges, may be removed from office on ac¬ 
count of treason, bribery, or other high crimes and mis¬ 
demeanors. 1 The house of representatives makes the 
impeachment or charges. The senate as a court of 
impeachment tries the case. The rules governing the 
proceedings in such cases are similar to those described 
in connection with the process of impeachment in 
Missouri (page 142). 

Suggestive Questions 

What are the kinds of cases which are decided by the national 
courts ? Give an example of each class of cases. 

When may a national court declare an act of a state legislature 
unconstitutional ? When will an act of Congress be declared 
unconstitutional ? 

Name the grades of national courts. Explain the organization 
of the district court. In which district do you live? In which 
division? Where does the court meet in your division? Who is 
your district judge? 

Explain the organization of the circuit court of appeals. In 
which circuit do you live? Where is the circuit court of appeals 
held? How do cases come before it? 


1 Constitution, Article II, Section 4. 


THE NATIONAL COURTS 


211 


Explain the organization of the Supreme Court. How do cases 
come before it ? 

How are judges of the national courts chosen ? For what terms ? 
What salaries do they receive? Compare with the manner of 
choice, terms, and salaries of Missouri judges. 

Name the officers of the national courts. How are they chosen ? 

What national officials are subject to impeachment? How may 
they be impeached? How tried and convicted? 




CONSTITUTION OF THE UNITED STATES 


We the people of the United States, in order to form a more per¬ 
fect union, establish justice, insure domestic tranquility, provide 
for the common defense, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE I 

Section 1. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section 2. 1 The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
legislature. 

2 No person shall be a representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of 
the United States, and who shall not, when elected, be an inhabitant 
of that State in which he shall be chosen. 

3 Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, ac¬ 
cording to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, three 
fifths of all other persons. 1 The actual enumeration shall be made 
within three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of repre¬ 
sentatives shall not exceed one for every thirty thousand, but each 

1 The last half of this sentence was superseded by the 13th and 14th 
Amendments. (See p. 229.) 


213 


214 


GOVERNMENT IN MISSOURI 


State shall have at least one representative; and until such enu¬ 
meration shall be made, the State of New Hampshire shall be en¬ 
titled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, New York six, New 
Jersey four, Pennsylvania eight, Delaware one, Maryland six, Vir¬ 
ginia ten, North Carolina five, South Carolina five, and Georgia 
three. 

4 When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

5 The House of Representatives shall choose their speaker and 
other officers, and shall have the sole power of impeachment. 

Section 3. 1 The Senate of the United States shall be composed 
of two senators from each State, chosen by the legislature thereof 
for six years; and each senator shall have one vote. 1 

2 Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year, of the second class at 
the expiration of the fourth year, and of the third class at the expira¬ 
tion of the sixth year, so that one third may be chosen every second 
year; and if vacancies happen by resignation, or otherwise, during 
the recess of the legislature of any State, the executive thereof may 
make temporary appointments until the next meeting of the legis¬ 
lature, which shall then fill such vacancies. 1 

3 No person shall be a senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4 The Vice President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5 The Senate shall choose their other officers, and also a president 
pro tempore , in the absence of the Vice President, or when he shall 
exercise the office of President of the United States. 

6 The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the chief justice 

1 Changed by 17th Amendment. (See p. 230.) 


CONSTITUTION OF THE UNITED STATES 215 


shall preside: and no person shall be convicted without the con¬ 
currence of two thirds of the members present. 

7 Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States: but 
the party convicted shall nevertheless be liable and subject to in¬ 
dictment, trial, judgment and punishment, according to law. 

Section 4. 1 The times, places, and manner of holding elections 
for senators and representatives, shall be prescribed in each State 
by the legislature thereof; but the Congress may at any time by 
law make or alter such regulations, except as to the places of choosing 
senators. 

2 The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Section 5. 1 Each house shall be the judge of the elections, re¬ 
turns and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such 
penalties as each house may provide. 

2 Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two thirds, expel a member. 

3 Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and nays of the members 
of either house on any question shall, at the desire of one fifth of 
those present, be entered on the journal. 

4 Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Section 6. 1 The senators and representatives shall receive a 
compensation for their services, to be ascertained by law, and paid 
out of the Treasury of the United States. They shall in all cases, 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same; and for any 


216 


GOVERNMENT IN MISSOURI 


speech or debate in either house, they shall not be questioned in 
any other place. 

2 No senator or representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu¬ 
ments whereof shall have been increased during such time ; and no 
person holding any office under the United States shall be a member 
of either house during his continuance in office. 

Section 7. 1 All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with amendments as on other bills. 

2 Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the 
President of the United States; if he approve he shall sign it, but 
if not he shall return it, with his objections to that house in which 
it shall have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If after such recon¬ 
sideration two thirds of that house shall agree to pass the bill, it 
shall be sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered, and if approved by two thirds 
of that house, it shall become a law. But in all such cases the votes 
of both houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be re¬ 
turned by the President within ten days (Sundays excepted) after 
it shall have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress by their adjourn¬ 
ment prevent its return, in which case it shall not be a law. 

3 Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States; and before the same shall take effect, shall 
be approved by him, or being disapproved by him, shall be repassed 
by two thirds of the Senate and House of Representatives, according 
to the rules and limitations prescribed in the case of a bill. 

Section 8. 1 The Congress shall have power to lay and collect 
taxes, duties, imposts and excises, to pay the debts and provide for 
the common defense and general welfare of the United States; but 


CONSTITUTION OF THE UNITED STATES 217 


all duties, imposts and excises shall be uniform throughout the 
United States; 

2 To borrow money on the credit of the United States; 

3 To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes; 

4 To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

5 To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6 To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7 To establish post offices and post roads; 

8 To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries ; 

9 To constitute tribunals inferior to the Supreme Court; 

10 To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations; 

11 To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

12 To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

13 To provide and maintain a navy; 

14 To make rules for the government and regulation of the land 
and naval forces; 

15 To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections and repel invasions; 

16 To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively the 
appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

17 To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession 
of particular States and the acceptance of Congress, become the 
seat of the government of the United States, 1 and to exercise like 

1 The District of Columbia, which comes under these regulations, had 
not then been erected. 


218 


GOVERNMENT IN MISSOURI 


authority over all places purchased by the consent of the legislature 
of the State in which the same shall be, for the erection of forts, 
magazines, arsenals, dockyards, and other needful buildings; and 

18 To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, 
or in any department or officer thereof. 

Section 9. 1 The migration or importation of such persons as 
any of the States now existing shall think proper to admit, shall not 
be prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such im¬ 
portation, not exceeding ten dollars for each person. 1 

2 The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

3 No bill of attainder or ex post facto law shall be passed. 

4 No capitation, or other direct, tax shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to be 
taken. 

5 No tax or duty shall be laid on articles exported from any State. 

6 No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another: nor shall 
vessels bound to, or from, one State be obliged to enter, clear, or 
pay duties in another. 

7 No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and ac¬ 
count of the receipts and expenditures of all public money shall be 
published from time to time. 

8 No title of nobility shall be granted by the United States: and 
no person holding any office of profit or trust under them, shall, 
without the consent of the Congress, accept of any present, emolu¬ 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign State. 

Section 10. 2 1 No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a tender 

1 A temporary clause, no longer in force. See also Article V, p. 224. 

2 See also the 10th, 13th, 14th, and 15th Amendments, pp. 227-230. 


CONSTITUTION OF THE UNITED STATES 219 


in payment of debts; pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts, or grant any title of 
nobility. 

2 No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be abso¬ 
lutely necessary for executing its inspection laws : and the net prod¬ 
uce of all duties and imposts laid by any State on imports or exports, 
shall be for the use of the treasury of the United States; and all such 
laws shall be subject to the revision and control of the Congress. 

3 No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter into 
any agreement or compact with another State, or with a foreign 
power, or engage in war, unless actually invaded, or in such immi¬ 
nent danger as will not admit of delay. 

ARTICLE II 

Section 1. 1 The executive power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice President, chosen 
for the same term, be elected, as follows: 

2 Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole number 
of senators and representatives to which the State may be entitled 
in the Congress: but no senator or representative, or person hold¬ 
ing an office of trust or profit under the United States, shall be ap¬ 
pointed an elector. 

[The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an inhabit¬ 
ant of the same State with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for each; 
which list they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed to the presi¬ 
dent of the Senate. The president of the Senate shall, in the pres¬ 
ence of the Senate and House of Representatives, open all the certifi¬ 
cates, and the votes shall then be counted. The person having the 
greatest number of votes shall be the President, if such number be 
a majority of the whole number of electors appointed; and if there 


220 


GOVERNMENT IN MISSOURI 


be more than one who have such majority, and have an equal num¬ 
ber of votes, then the House of Representatives shall immediately 
choose by ballot one of them for President; and if no person have a 
majority, then from the five highest on the list the said house shall 
in like manner choose the President. But in choosing the President, 
the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall consist of a 
member or members from two thirds of the States, and a majority 
of all the States shall be necessary to a choice. In every case, after 
the choice of the President, the person having the greatest number of 
votes of the electors shall be the Vice President. But if there should 
remain two or more who have equal votes, the Senate shall choose 
from them by ballot the Vice President.] 1 

3 The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall 
be the same throughout the United States. 

4 No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, shall 
be eligible to the office of President; neither shall any person be 
eligible to that office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United 
States. 

5 In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice President, and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed, or a President 
shall be elected. 

6 The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished dur¬ 
ing the period for which he shall have been elected, and he shall not 
receive within that period any other emolument from the United 
States, or any of them. 

7 Before he enter on the execution of his office, he shall take the 
1 This paragraph superseded by the 12th Amendment. (See p. 228.) 


CONSTITUTION OF THE UNITED STATES 221 


following oath or affirmation: — “I do solemnly swear (or affirm) 
that I will faithfully execute the office of President of the United 
States, and will to the best of my ability, preserve, protect and de¬ 
fend the Constitution of the United States.” 

Section 2. 1 The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; he 
may require the opinion, in writing, of the principal officer in each 
of the executive departments, upon any subject relating to the 
duties of their respective offices, and he shall have power to grant 
reprieves and pardons for offenses against the United States, except 
in cases of impeachment. 

2 He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the senators 
present concur; and he shall nominate, and by and with the advice 
and consent of the Senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all other 
officers of the United States, whose appointments are not herein other¬ 
wise provided for, and which shall be established by law: but the 
Congress may by law vest the appointment of such inferior officers 
as they think proper, in the President alone, in the courts of law, or 
in the heads of departments. 

3 The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Section 3. He shall from time to time give to the Congress in¬ 
formation of the state of the Union, and recommend to their con¬ 
sideration such measures as he fchall judge necessary and expedient; 
he may, on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such time as he 
shall think proper; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faithfully executed, 
and shall commission all the officers of the United States. 

Section 4. The President, Vice President, and all civil officers of 
the United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and mis¬ 
demeanors. 


222 


GOVERNMENT IN MISSOURI 


ARTICLE III 

Section 1. The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior courts as the Congress 
may from time to time ordain and establish. The judges, both of 
the Supreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services, a 
compensation which shall not be diminished during their continu¬ 
ance in office. 

Section 2. 1 The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; — to all cases affecting ambassadors, other public min¬ 
isters and consuls; — to all cases of admiralty and maritime juris¬ 
diction; — to controversies to which the United States shall be a 
party; —to controversies between two or more States; — between 
a State and citizens of another State; 1 — between citizens of dif¬ 
ferent States, — between citizens of the same State claiming lands 
under grants of different States, and between a State, or the citizens 
thereof, and foreign States, citizens or subjects. 

2 In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions, and under such reg¬ 
ulations as the Congress shall make. 

3 The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed within 
any State, the trial shall be at such place or places as the Congress 
may by law have directed. 

Section 3. 1 Treason against the United States shall consist 
only in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. • 

2 The Congress shall have power to declare the punishment of 

1 See the 11th Amendment, p. 227. 


CONSTITUTION OF THE UNITED STATES 223 


treason, but no attainder of treason shall work corruption of blood, 
or forfeiture except during the life of the person attainted. 

ARTICLE IV 

Section 1 . Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the manner 
in which such acts, records and proceedings shall be proved, and the 
effect thereof. 

Section 2. 1 The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

2 A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall on demand of the executive authority of the State from which 
he fled, be delivered up to be removed to the State having juris¬ 
diction of the crime. 

3 No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service or 
labor may be due. 

Section 3. 1 New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 
junction of two or more States, or parts of States, without the con¬ 
sent of the legislatures of the States concerned as well as of the Con¬ 
gress. 

2 The Congress shall have power to dispose of and make all need¬ 
ful rules and regulations respecting the territory or other property 
belonging to the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of the United States, 
or of any particular State. 

Section 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect each 
of them against invasion; and on application of the legislature, or 
of the executive (when the legislature cannot be convened) against 
domestic violence. 

govt. mo. — 15 


224 


GOVERNMENT IN MISSOURI 


ARTICLE V 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on 
the application of the legislatures of two thirds of the several States, 
shall call a convention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes, as part of this Con¬ 
stitution, when ratified by the legislatures of three fourths of the 
several States, or by conventions in three fourths thereof, as the 
one or the other mode of ratification may be proposed by the Con¬ 
gress; Provided that no amendment which may be made prior to 
the year one thousand eight hundred and eight shall in any manner 
affect the first and fourth clauses in the ninth section of the first 
article; and that no State, without its consent, shall be deprived of 
its equal suffrage in the Senate. 

ARTICLE VI 

1 All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2 This Constitution, and the laws of the United States which 
shall be made in pursuance thereof; and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land; and the judges in every State shall be 
bound thereby, anything in the Constitution or laws of any State 
to the contrary notwithstanding. 

3 The senators and representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers, both of the United States, and of the several States, 
shall be bound by oath or affirmation to support this Constitution; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII 

The ratification of the conventions of nine States shall be suffi¬ 
cient for the establishment of this Constitution between the States 
so ratifying the same. 


CONSTITUTION OF THE UNITED STATES 225 


Done in Convention by the unanimous consent of the States present 
the seventeenth day of September in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the independ¬ 
ence of the United States of America the twelfth. In witness 
whereof we have hereunto subscribed our names, 


Go: Washington — 

Presidt. and Deputy from Virginia 


New Hampshire 
John Langdon 
Nicholas Gilman 

Massachusetts 
Nathaniel Gorham 
Rufus King 

Connecticut 
Wm. Sami. Johnson 
Roger Sherman 

New York 

Alexander Hamilton 

New Jersey 
Wil: Livingston 
David Brearley 
Wm. Paterson 
Jona: Dayton 

Pennsylvania 
B. Franklin 
Thomas Mifflin 
Robt. Morris 
Geo. Clymer 
Thos. Fitzsimons 
Jared Ingersoll 
James Wilson 
Gouv Morris 

Attest 


Delaware 
Geo: Read 
Gunning Bedford Jun 
John Dickinson 
Richard Bassett 
Jaco: Broom 

Maryland 
James McHenry 
Dan of St. Thos Jenifer 
Danl. Carroll 

Virginia 
John Blair — 

James Madison Jr. 

North Carolina 
Wm. Blount 
Richd. Dobbs Spaight 
Hu Williamson 

South Carolina 
J. Rutledge, 

Charles Cotesworth Pinckney 
Charles Pinckney 
Pierce Butler. 

Georgia 
William Few 
Abr Baldwin 

William Jackson Secretary. 


226 


GOVERNMENT IN MISSOURI 


Articles in addition to, and amendment of, the Constitution of the 
United States of America, proposed by Congress, and ratified by 
the legislatures of the several States pursuant to the fifth article 
of the original Constitution. 

ARTICLE I 1 

Congress shall make no law respecting an establishment of reli¬ 
gion, or prohibiting the free exercise thereof; or abridging the free¬ 
dom of speech, or of the press; or the right of the people peaceably 
to assemble, and to petition the government for a redress of griev¬ 
ances. 

ARTICLE II 

A well regulated militia, being necessary to the security of a free 
State, the right of the people to keep and bear arms, shall not be 
infringed. 

ARTICLE III 

No soldier shall, in time of peace be quartered in any house, with¬ 
out the consent of the owner, nor in time of war, but in a manner to 
be prescribed by law. 

ARTICLE IV 

The right of the people to be secure in their persons, houses, pa¬ 
pers, and effects, against unreasonable searches and seizures, shall 
not be violated, and no warrants shall issue, but upon probable cause, 
supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

ARTICLE V 

No person shall be held to answer for a capital, or otherwise in¬ 
famous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; 
nor shall any person be subject for the same offense to be twice put 
in jeopardy of life or limb; nor shall be compelled in any criminal 
case to be a witness against himself, nor be deprived of life, liberty, 
or property, without due process of law; nor shall private property 
be taken for public use without just compensation. 

1 The first ten Amendments were adopted in 1791. 


CONSTITUTION OP THE UNITED STATES 227 


ARTICLE VI 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and dis¬ 
trict wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation; to be confronted with 
the witnesses against him; to have compulsory process for obtain¬ 
ing witnesses in his favor, and to have the assistance of counsel for 
his defense. 

ARTICLE VII 

In suits at common law, where the value in controversy shall ex¬ 
ceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise reexamined in any 
court of the United States, than according to the rules of the com¬ 
mon law. 

ARTICLE VIII 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX 

The enumeration in the Constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 

ARTICLE X 

The powers not delegated to the United States by the Constitu¬ 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 

ARTICLE XI 1 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or by 
citizens or subjects of any foreign State. 


1 Adopted in 1798. 


228 


GOVERNMENT IN MISSOURI 


ARTICLE XII 1 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves; they shall 
name in their ballots the person voted for as President, and in dis¬ 
tinct ballots the person voted for as Vice President, and they shall 
make distinct lists of all persons voted for as President, and of 
all persons voted for as Vice President, and of the number of votes 
for each, which lists they shall sign and certify, and transmit sealed 
to the seat of the government of the United States, directed to the 
president of the Senate; — The president of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates and the votes shall then be counted; — The person hav¬ 
ing the greatest number of votes for President shall be the President, 
if such number be a majority of the whole number of electors ap¬ 
pointed; and if no person have such majority, then from the per¬ 
sons having the highest numbers not exceeding three on the list of 
those voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing 
the President, the votes shall be taken by States, the representation 
from each State having one vote; a quorum for this purpose shall 
consist of a member or members from two thirds of the States, and 
a majority of all the States shall be necessary to a choice. And if 
the House of Representatives shall not choose a President whenever 
the right of choice shall devolve upon them, before the fourth day 
of March next following, then the Vice President shall act as Presi¬ 
dent, as in the case of the death or other constitutional disability 
of the President. The’person having the greatest number of votes 
as Vice President shall be the Vice President, if such number be a 
majority of the whole number of electors appointed, and if no per¬ 
son have a majority, then from the two highest numbers on the 
list, the Senate shall choose the Vice President; a quorum for the 
purpose shall consist of two thirds of the whole number of senators, 
and a majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice President of the United States. 

1 Adopted in 1804. 


CONSTITUTION OF THE UNITED STATES 229 


ARTICLE XIII 1 

Section 1 . Neither slavery nor involuntary servitude, except as 
a punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place subject 
to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 


ARTICLE XIV 2 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State 
shall make or enforce any law which shall abridge the privileges or 
immunities of citizens of the United States; nor shall any State 
deprive any person of life, liberty, or property, without due process 
of law; nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Section 2. Representatives shall be apportioned among the 
several States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for President and Vice President of the United States, 
representatives in Congress, the executive and judicial officers of a 
State, or the members of the legislature thereof, is denied to any 
of the male inhabitants of such State, being twenty-one years of 
age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion, or other crime, the basis of , 
representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 

Section 3. No person shall be a senator or representative in 
Congress, or elector of President and Vice President, or hold any 
office, civil or military, under the United States, or under any 
State, who, having previously taken an oath, as a member of 
Congress, or as an officer of the United States, or as a member of 
any State legislature, or as an executive or judicial officer of any 

1 Adopted in 1865. 2 Adopted in 1868. 


230 


GOVERNMENT IN MISSOURI 


State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Congress may by a 
vote of two thirds of each house, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment, of 
pensions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave; but all such debts, 
obligations and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appro¬ 
priate legislation, the provisions of this article. 

ARTICLE XV 1 

Section 1 . The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 

ARTICLE XVI 2 

The Congress shall have power to lay and collect taxes on in¬ 
comes, from whatever source derived, without apportionment 
among the several States, and without regard to any census or 
enumeration. 


ARTICLE XVII 2 

The Senate of the United States shall be composed of two Sena¬ 
tors from each State, elected by the people thereof, for six years; 
and each Senator shall have one vote. The electors in each State 
shall have the qualifications requisite for electors of the most 
numerous branch of the State legislatures. 

When vacancies happen in the representation of any State in the 
Senate, the executive authority of such State shall issue writs of 


1 Adopted in 1870. 


2 Adopted in 1913. 


CONSTITUTION OF THE UNITED STATES 231 


election to fill such vacancies; Provided, That the legislature of 
any State may empower the executive thereof to make temporary 
appointments until the people fill the vacancies by election as the 
legislature may direct. 

This amendment shall not be so construed as to affect the elec¬ 
tion or term of any Senator chosen before it becomes valid as part 
of the Constitution. 


ARTICLE XVIII i 

Section 1. After one year from the ratification of this article 
the manufacture, sale, or transportation of intoxicating liquors 
within, the importation thereof into, or the exportation thereof 
from the United States and all territory subject to the jurisdiction 
thereof for beverage purposes is hereby prohibited. 

Section 2. The Congress and the several States shall have con¬ 
current power to enforce this article by appropriate legislation. 

Section 3. This article shall be inoperative unless it shall have 
been ratified as an amendment to the Constitution by the legis¬ 
latures of the several States, as provided in the Constitution, 
within seven years from the date of the submission hereof to the 
States by the Congress. 


ARTICLE XIX ^ 

The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or by any State on 
account of sex. 

Congress shall have power to enforce this article by appropriate 
legislation. 

i Adopted in 1919. 


2 Adopted in 1920. 


INDEX TO GOVERNMENT IN MISSOURI 


Adjutant general, 98. 

Ad valorem rates, 169. 

Agricultural experiment station, 101. 
Agriculture, board of, 100. 

department of, 203. 

Alaska, 182. 

Aliens, right to vote, 26. 
who are, 21. 

See also Citizenship. 

Animal industry, bureau of, 203. 
Apiaries, inspector of, 101. 
Appointment, President’s power of, 
192, 197. 

Appropriations, local and state, 114. 

national, 172, 173. 

Army, military academy, 174. 
militia, 97, 174. 
organized strength, 174. 
powers of Congress over, 173. 
President’s power over, 195. 
Articles of Confederation, adoption 
of, 145-146. 

attempts to amend, 146. 
defects of, 146. 

Assessment, special, 112. 

Assessor, city, 60. 
county, 41, 107. 

See also Taxation. 

Attorney, city, 60. 

prosecuting, 41, 137. 
Attorney-general, of Missouri, 95, 96. 

of the United States, 202. 

Auditor, city, 61. 
county, 33. 
national, 200. 
state, 95, 96, 114. 

Bail, 138. 

Bankruptcy legislation, 185. 

Banks, federal reserve, 178. 
national, 178. 
postal savings, 181. 
state banks, 100. 

Barbers, board of examiners for, 102. 


Beer, inspector, 111. 
tax, 111. 

BiU of Rights, 74, 148. 

Biological survey, bureau of, 203. 

Blind, school for, 131. 

Bonds, local and state, 113. 
national, 171. 

Boys, training school for, 131. 

Building and loan associations, su¬ 
pervisor of, 100. 

Cabinet, appointment of members, 
198. 

composition, 198. 
salary, 198. 

Capitol, commission, 102. 

permanent seat of government, 102. 

Census, bureau of, 203. 

Charity. See Public Charity. 

Chemistry, bureau of, 203. 

Children’s bureau, 203. 

Chinese, exclusion of, 176. 

Circuit clerk, 38, 39, 137. 

Cities, charter, 55. 
classification of, 56. 
commission government, 66. 
courts, 61. 
departments of, 57. 
importance of, 62. 
important problems of, 62. 
legislature of, 57-59. 
mayor, 59. 

municipal ownership, 64. 

officials of, 60. 

origin of, 53. 

public opinion in, 65. 

public service franchises, 63. 

reform in, 64. 

schools in, 62, 120. 

Citizenship, acquisition of, 21. 
duties of citizens, 23. 
rights of citizens, 21, 25. 
who are citizens, 21. 

City clerk, 60, 115. 


232 



INDEX 


233 


City council, 59. 

Civil cases, 134, 140. 

Civil service reform, in cities, 64-65. 
national, 193-194. 

Coast and geodetic survey, 203. 

Collector, city, 60, 109. 
county, 41, 109. 

Colonies, Continental Congress, 145. 
union among, 144. 

Commerce, foreign, 175, 199, 203. 
interstate, 176, 203. 
national regulation of, 175-176,203. 
state regulation of, 99. 
weights and measures, 176, 203. 

Commerce, department of, 203. 

Committees, in Congress, 163, 165. 
in state legislature, 83. 

Commutation, 93, 195. 

Comptroller, city, 61. 
of the currency, 200. 
of the treasury, 200. 

Congress, adjournment, 161. 
committees, 163, 165. 
congressional districts, 154. 
debate in, 164. 

election of members, 152-158. 
enumeration of powers, 168. 
implied powers, 186. 
influences upon, 166, 195. 
making of laws, 162-165. 
officials of, 159. 
powers, 168-187. 
privileges of members, 158. 
qualifications of members, 158. 
representation in, 152-156. 
restrictions upon, 187. 
rules of procedure, 161. 
salary of members, 158. 
sessions of, 161. 
term of members, 154, 157. 
vacancies, 157-158. 
veto, 163, 195. 

Constable, 46, 136, 138. 

Constitution, national, 213. 
amendment of, 149. 
compromises, 147, 152. 
contents of, 148, 213. 
framing of, 146-147. 
ratification of, 147. 

Constitution, state, amendment of, 75. 
contents of, 73-75. 
length of, 73. 


Constitution, state (continued), 
nature of, 72. 
origin of, 72. 
revision of, 76. 

Constitutional convention of 1787, 
calling of, 146. 
compromises of, 147, 152. 
members of, 147. 

Consular bureau, 199. 

Consumption, state sanatorium for, 
131. 

Convention, national, composition of, 
188-189. 

nomination of candidates, 189. 
platform, 189. 

Copyright office, 204. 

Copyrights, 184, 204. 

Coroner, 40. 

Corporations, national control over, 
176. 

state control over, 99-100. 
tax on, 111, 170. 

Counterfeiting, 186. 

County, in Missouri, 32. 
officials, 33-44. 
origin of, 32. 

County clerk, 38, 115. 

County court, composition of, 36. 
powers of, 37-38. 

Courts, Missouri, appeals, 140-142. 
circuit, 136-137. 
city, 61. 
county, 36-38. 
grades of, 134. 
impeachment, 142. 
justice of the peace, 46, 135-136. 
probate, 44. 
supreme, 141. 
trials, 134-135, 138-140. 

Courts, national, appointment of 
judges, 208-209. 

circuit courts of appeals, 207-208. 
claims, 208. 

compensation of judges, 209. 
customs appeals, 208. 
district courts, 206. 
grades of, 206. 
impeachment, 210. 
judicial powers of, 205. 
judicial process, 209. 
officers of, 209. 
terms of judges, 209. 






234 


GOVERNMENT IN MISSOURI 


Crimes, national regulation of, 185- 
186. 

Criminal cases, 134, 138. 

Criminals, board of charities and 
corrections, 132. 
calaboose, 132. 
institutions for youthful, 131. 
jail, 132. 

penitentiary, 132. 

Currency, comptroller of, 200. 
Customs, duties, 169. 
service, 200-201. 

Deaf, school for, 131. 

Debt, cities, 113, 114. 

counties and townships, 114. 
Missouri, 113-114. 
national, 171-172. 

Dental examination, board of, 102. 
Diplomatic bureau, 199. 

District of Columbia, 183. 

Education, commissioner of, 202. 

See Public Education. 

Elections, ballot, 28. 
canvass of, 29. 
officials of, 28. 
polling places, 28. 
registration for, 27. 
school, 121. 
suffrage, 25-27. 
time of, 29. 

Embalming, board of, 102. 

Engineers, board of, 201. 

Engraving and printing, bureau of, 

200 . 

Entomology, bureau of, 203. 
Equalization, county board of, 108. 

state board of, 108. 

Examinations boards of, 102. 
Executive. See Governor and Presi¬ 
dent. 

Executive department, state, 91, 95. 
Executive departments, national, es¬ 
tablishment, 197-204. 
internal organization, 198-199. 
relation to President, 197, 198. 
Expenditures, local and state, 114- 
116. 

national, 172-173. 

Experiment stations, 101. 
national office of, 203. 


Factory inspector, 98. 

Federal government, nature of, 149. 

Federal trade commission, 176. 

Feeble-minded, institution for, 131. 

Fish commission, 101. 

Fisheries, bureau of, 203. 

Food and drug commissioner, 102. 

Foreign affairs, 194. 
treaties, 194. 

Fruit experiment station, 101. 

Game and fish commissioner, 101. 

General assembly. See Legislature. 

Geological survey, director of, 202. 

Girls, industrial home for, 131. 

Government, city, 54-66. 
classes, 18. 
county, 31-44. 
family, 16. 
federal, 149. 
local, 19, 31-66. 
national, 19, 144-210. 
need of, 16. 
school, 17, 118-128. 
state, 19, 68-142. 
township, 46-51. 

Governor, election and terms, 92. 
executive powers, 94. 
judicial powers, 93. 
legislative powers, 84, 92. 
qualifications, 92. 
salary, 92. 
veto, 84, 93. 

Grand jury, 138. 

Greenbacks, 178. 

Guam, 183. 

Hawaii, 182, 183. 

Highway engineer, county, 42. 
state, 101. 

Historical Society of Missouri, 128. 

Horticulture, board of, 101. 

Hotels, inspector of, 101. 

House of representatives, national, 
152-155. 

See also Congress. 

House of representatives, state, 79-80. 
See also Legislature. 

Immigration, national regulation of, 
175-176,203. 
state board of, 99. 




INDEX 


235 


Impeachment, national, 210. 
state, 142. 

Indian affairs, commissioner of, 202. 
Indian agents, 183. 

Indian reservations, 183. 

Indictment, 139. 

Information, 139. 

Inheritance tax, 111. 

Initiative and referendum, 88-89. 
Insane, hospitals for, 130. 

Insular affairs, bureau of, 201. 
Insurance, nature of, 99-100. 
superintendent of, 99-100. 
tax, 111. 

Interior, department of, 202. 

Internal revenue, commissioner of, 

200 . 

taxes, 170. 

Interstate commerce commission, 
176. 

court, 208. 

national regulation of, 176, 176. 

Judiciary. See Courts. 

Jury, grand, 138. 
petit, 139. 

Justice, department of, 202. 

Justice of the peace, 46, 136-136. 

Labor, commissioner of, 98. 

legislation for, 98. 

Labor, department of, 203. 

Labor statistics, bureau of, 203. 

Law examiners, board of, 102. 

Legal tender, 178. 

Legislature, state, committees, 83. 
house of representatives, 79-80. 
limitations upon, 87, 88. 
lobbying, 85. 
making of laws, 84. 
officials of, 82. 
pay of members, 79. 
powers of, 87. 

qualifications of members, 82. 

quorum, 83. 

revised statutes, 86. 

senate, 80-82. 

sessions of, 78. 

two houses of, 78. 

when laws take effect, 86. 

Library Commission, Missouri, 128. 


Library of Congress, 204. 

Lieutenant governor, 92. 

Life-saving service, 201. 

Lighthouses, bureau of, 203. 

Liquors, intoxicating, license, 110. 
local option, 110. 
tax on, 110-111. 

Lobbying, 85. 

Local government, nature and kinds 
of, 31. 

Local option liquor laws, 110. 

Manufactures, bureau of, 203. 
Marshal, city, 60. 

Mediation and arbitration, board of, 
99. 

Militia, adjutant general, 98. 

National Guard of Missouri, 98. 
organized strength, 174. 
power of Congress over, 173, 174. 
power of President over, 195. 

Mine inspectors, 99. 

Mines, director of, 203. 

Mint, director of, 200. 

Money, amount in the United States, 
178-179. 
coin, 177. 

gold and silver certificates, 177. 
national bank notes, 178. 
treasury notes, 177. 

United States notes, 178. 

National government, 19, 144-210. 
National Guard of Missouri, 98. 
Naturalization, power of Congress 
over, 185. 
process of, 21, 203. 

Naval Reserve, Missouri, 98. 
Navigation, bureau of, 203. 

Navy, department of, 201. 

Naval Academy, 174. 
naval militia, 98, 174. 
organized strength, 174. 
power of Congress over, 173. 
power of President over, 195. 
Nomination, candidates for, 27. 
convention, 27. 
of President, 189. 
primary, 27-28. 

Normal schools, 122, 127. 

Nurses, board of examination of, 

102 . 



236 


GOVERNMENT IN MISSOURI 


Officials, appointment of, 25, 34. 
city, 59-61. 
compensation of, 35. 
county, 33-44. 
election of, 25, 34. 
legislative, 82. 
removal of, 34. 
state executive, 95-103. 
term of, 34. 

Oils, inspector of petroleum, 102. 

Osteopathic registration board, 102. 

Panama Canal Zone, 183. 

Pardon, governor’s power, 93, 94. 
President’s power, 195. 

Pardons, board of, 94. 

Parole, 94. 

Patents, 184, 202. 

Penitentiary, 132. 

Pensions, 174, 202. 

Pharmacy, board of, 102. 

Philippines, 183. 

Physicians, examination of, 102. 

Piracy, 185. 

Plant industry, bureau of, 203.- 

Police, 60. 

Poll tax, 107. 

Porto Rico, 183. 

Post office, division of business, 180. 
expenditures, 173, 180. 
free delivery, 181. 
mail matter, 180. 
money orders, 181. 
parcels post, 181. 
postal savings banks, 181. 
registry service, 181. 
revenue, 173, 180. 

Post office department, 202. 

Poultry, board, 101. 

experiment station, 101. 

President, compensation, 191. 

control over executive depart¬ 
ments, 197. 

election by electors, 189-190. 
election by House, 190. 
influence over Congress, 166. 
nomination of, 188-189. 
powers, 163, 191-198. 
qualifications of, 191. 
succession to, 191. 
term of, 190. 
veto, 163. 


Primaries, 27-28. 

Probate judge, 44. 

Prosecuting attorney, 41, 137. 

Public administrator, 44. 

Public charity, board of charities and 
corrections, 132. 
cities, 130. 
counties, 130. 
need of, 130. 

state institutions for, 130-132. 
Public education, appropriations for, 
124-126, 128. 
board of education, 121. 
city principals and superintendents, 
122 . 

compulsory, 119. 

county superintendent, 43, 122, 
123. 

elementary schools, 119-122. 
high schools, 119, 127. 
need of, 118. 
revenue for, 124-126. 
school directors, 121. 
school districts, 119, 126. 
school elections, 121. 
school funds, 124. 
school term, 122. 

school textbook commission, 43, 
123. 

schools for colored children, 126. 
state aid for, 125. 
state superintendent, 95, 122-124. 
taxation for, 125, 126. 
teachers’ certificates, 122, 124. 
Public health, local boards of, 101. 
national, 201. 
state board of, 101, 102. 

Public health service, 201. 

Public lands, commissioner of, 202. 
disposal of, 182, 184. 
division into territories, 69, 182. 
land offices, 184. 
present extent of, 184. 
survey of, 48-51. 

Public printer, 204. 

Public printing, commissioners of, 
103. 

Public roads, office of, 203. 

Public Service Commission, 99. 

Pure food, national legislation for, 
176. 

state legislation for, 102. 



INDEX 


237 


Railroads, regulation of, 99. 
Reclamation service, director of, 202. 
Recorder of deeds, 39. 

Referendum, 88-89. 

Registration of voters, 27. 

Removal, President’s power of, 192, 
197. 

Reprieve, 93, 195. 

Reservations, national, 183. 

Revenue, national, 168-183. 

See also Taxation. 

Revenue, state, 105-116. 

See also Taxation. 

Revenue cutter service, 201. 

Road overseer, 43. 

Samoan Islands, 183. 

Schools. See Public Education, Uni¬ 
versity of Missouri. 

Secretaries of national executive de¬ 
partments, 198-203. 

Secretary of state, Missouri, 95-97. 
Secret service, 201. 

Senate, national, 155-157. 

See also Congress. 

Senate, state, 80-82. 

See also Legislature. 

Sheriff, 39-40, 138. 

Sherman anti-trust law, 176. 

Society, family, 12. 
nature of, 11. 
political, 14. 
school, 13. 

Soils, bureau of, 203. 

Soldiers’ home, Confederate, 131. 
Federal, 131. 

Speaker of house of representatives, 
159, 165. 

Specific rates, 169. 

Spoils system, 193. 

Standards, bureau of, 203. 

State, department of, Missouri, 96, 
97. 

secretary of, 95-97. 

State, department of, national, 199. 
States, admission of, 69. 
admission of Missouri, 70. 
differences among, 70. 
origin of, 68. 
powers of, 149. 
uniformity among, 71. 

Statistics, labor, bureau of, 203. 


Steamboat inspection service, 203. 
Suffrage, definition of, 25. 

qualifications for voting, 25-27. 
woman suffrage, 26. 

Surgeon general, 201. 

Surveyor, 42. 

Taxation, national, collection, 170. 
corporation tax, 170. 
customs duties, 169. 
internal revenue taxes, 170. 
kinds of taxes, 168. 
protective tariff, 169. 

Taxation, state, assessment for, 107. 
beer inspection tax, 111. 
collection of taxes, 109. 
definition of tax, 106. 
equalization of, 108. 
fees, 112. 

general property tax, 107. 
incorporation tax, 111. 
inheritance tax, 111. 
insurance tax, 111. 
liquor license tax, 110. 
necessity of, 105. 
rate of, 108. 

special assessments, 112. 
Territories, admission into Union, 69, 
182. 

non-representative, 182, 183. 
partly representative, 182, 183. 
representative, 182. 

Towns. See Cities. 

Township, congressional, 48-51. 
incorporated, 47. 
municipal, 46. 
officers of, 46, 47-48. 
powers of, 46-48. 

Trade marks, 185. 

Treason, 186. 

Treasurer, city, 60, 114. 
county, 42, 114. 
state, 95, 96, 114. 

Treasury, department of, national, 

200 . 

comptroller of the treasury, 200. 

money in, 178. 

notes, 177. 

register of, 200. 

subtreasuries, 172. 

supervising architect, 200. 

treasurer, 200. 




238 


GOVERNMENT IN MISSOURI 


Treaties, framing of, 194. 
ratification of, 195. 

University of Missouri, 128. 

agricultural experiment station, 

101 . 

colleges and schools of, 128. 
endowment, 128. 

Missouri state military school, 
98. 

school of education, 122. 

Veterinarian, state, 101. 

Veterinary examining board, 102. 


Veto power, of governor, 84, 93. 
of President, 163. 

Vice President, election of, 189-191. 
nomination, 189. 
president of senate, 159, 191. 
succession to President, 191. 
Villages. See Cities. 

War, department of, 201. 

See also Army. 

Warehouse Commissioner, 99. 
Waterway commission, 103. 
Weather bureau, 203. 

Weights and measures, 176, 203. 



A HISTORY OF MISSOURI 






mm 












A HISTORY OF MISSOURI 

FOR THE GRADES 

A 


BY 

JONAS VILES/Ph.D. 


11 

PROFESSOR OF AMERICAN HISTORY IN THE 
UNIVERSITY OF MISSOURI 



NEW YORK CINCINNATI CHICAGO 

AMERICAN BOOK COMPANY 





Copyright, 1912, by 
JONAS VILES. 

Copyright, 1922, by 

AMERICAN BOOK COMPANY. 

Entered at Stationers’ Hall, London. 

HISTORY OF MISSOURI. 

E.P. 7 



AFR 12 ’922 

©C!. A 65 9 556 





PREFACE 


2 


It is the conviction of the writer that full advantage 
has never been taken of the value of Missouri history 
as a subject of study in the grades. The state has 
been regarded too much as an isolated community, 
and its history has been taught from the point of view 
of the local antiquarian. In this text an attempt has 
been made, first, to present the strictly local history as 
a development with continuity and definite meaning ; 
second, to describe Missouri’s relations with the rest 
of the country and her share in national movements ; 
and finally, to describe somewhat fully those national 
events in which Missouri played a leading part. At 
the same time, the familiar events in local history are 
included, but given in their proper setting. 

This treatment, it is believed, is well within the grasp 
of the grade school pupil, and this correlation with 
American history reveals the richness of content of 
Missouri history. At the same time a more adequate 
appreciation is given to Missouri’s share in the devel¬ 
opment of the nation. Attention is called to the maps 
and the serious attempt to correlate Missouri history 
with Missouri geography, as suggested in the State 
Course of Study. 

Perhaps the greatest problem of the teacher of Mis¬ 
souri history is the difficulty he finds in getting any 


6 


A HISTORY OF MISSOURI 


information for himself beyond that given in the text¬ 
book. To meet this difficulty the school library should 
contain at least the following books: — 

E. M. Violette: “A History of Missouri”; D. C. 
Heath and Company. 

W. M. Meigs: “ Life of Thomas Hart Benton J. B. 
Lippincott Company. 

Official Manual of the State of Missouri (“Blue 
Book ”); to be obtained from the Secretary of State. 

The questions at the ends of the various chapters 
of the text are intended to aid the pupil in his study 
and the teacher in classroom drill. The teacher is 
expected to supplement them in bringing out the 
meaning of the events discussed. 

Suggestions or criticisms from teachers will be most 
cordially welcomed. 

JONAS VILES. 

Columbia, Missouri. 


CONTENTS 


CHAPTER I 

PAGE 

The Natural Advantages of Missouri .... 15 

Geographical Advantages — Variety of Resources — Soils 
and Settlement — Surface — Soils. 

CHAPTER II 

The Early Settlements.20 

Discovery of the Mississippi — Kaskaskia and Ste. Gene¬ 
vieve— St. Louis — New Madrid, St. Charles, Cape 
Girardeau. 

CHAPTER III 

Missouri under Spanish Rule.26 

The Coming of the Spanish — Events in the Spanish Period 
— Government under the Spanish — Life in the French 
Villages — The Americans. 

CHAPTER IV 

The Westward Movement and the Purchase of Lou¬ 
isiana .33 

The Old West — Daniel Boone — Americans in Missouri 
— The Mississippi Question — Spain Opens the Missis¬ 
sippi — Louisiana Given Back to France — The Louisiana 
Purchase. 

CHAPTER V 

Government and Governors of Missouri, 1804 to 1820 . 40 

United States Takes Possession — District and Territory 
of Louisiana — Territory of Missouri — Local Govern¬ 
ment — Governor Wilkinson — Governor Lewis — Gov¬ 
ernor Howard — Governor Clark — Judge Lucas — 
Secretary Bates — Delegates to Congress. 

7 



8 


A HISTORY OF MISSOURI 


CHAPTER VI 

PAGE 

New Settlements and Indian Troubles, 1804 to 1821 . 49 

New Settlements, 1804 to 1812 — Boone’s Lick Country — 
Missouri in War of 1812 — Forts — Sarshall Cooper — 
James Callaway — New Settlements after 1815 — New 
Madrid Earthquake — New Counties. 


CHAPTER VII 

The New Habits and New Enterprises .... 58 

American Enterprise — Turbulent Element — Dueling — 
Churches — Schools — Newspapers — Lewis and Clark 
— Pike — Fur Trade — Santa Fe — St. Louis—Franklin 
— Steamboats. 


CHAPTER VIII 

The First Missouri Compromise.69 

Missouri Applies for Statehood — The First Sectional Con¬ 
test— Early Opinion on Slavery — The Cotton Gin — 

The Sections and Politics — Missouri Forces the Issue — 

First Missouri Debate — Southern Arguments—North¬ 
ern Arguments — Second Debate — First Missouri 
Compromise. 


CHAPTER IX 

Missouri Admitted to the Union. 78 

Public Opinion in Missouri — Antislavery Sentiment — 
Constitutional Convention — The First Elections — The 
First Senators — State Seal — Second Missouri Compro¬ 
mise — Governor McNair — Barton — Senator Benton. 

CHAPTER X 

The Beginnings of Political Parties in Missouri, 1820 

to 1832 . 89 

Parties and Party Politics — Governor Bates — Governor 
Miller—Black Hawk War—Presidential Election, 1824— 
Benton and Jackson — Defeat of Barton—Senator Buck¬ 
ner— Missouri a Democratic State — Missouri Whigs. 



CONTENTS 


9 


CHAPTER XI 

PAGE 

Missouri Politics and History, 1832 to 1844 ... 98 

Representatives in Congress — United States Senators — 
Governor Daniel Dunklin — The Mormons in Missouri 
— Expulsion from Jackson County — Governor Boggs — 

The Mormons Expelled from Missouri — Northern 
Boundary — Seminole War — Governor Thomas Rey¬ 
nolds. 


CHAPTER XII 

The Conquest of the Wilderness, 1820 to 1845 . . 108 

Increase of Population — New Counties — Origin of Set¬ 
tlers — Schools — Towns — Transportation — Banks — 
Panic of 1837 — The Fur Trade — Oregon — Santa Fe 
Trail. 


CHAPTER XIII 

New Issues and New Leaders, 1844 to 1849 . . . 120 

The New Era — Constitutional Convention of 1845 — New 
Political Issues — Annexation of Texas — Election of 
1844 — Governor Edwards — Mexican War — Doni¬ 
phan’s Expedition — Results of the War. 

CHAPTER XIV 

The Fall of Benton, 1848 to 1856 . 130 

Opposition to Benton — Benton’s Loss of Influence — Gov¬ 
ernor King — Jackson Resolutions — Benton’s Appeal 
-—Defeat of Benton — Defeat of Atchison — The End. 


CHAPTER XV 

The Kansas Troubles and the Break-up of Parties, 

1854 to 1860 . 139 

Governor Sterling Price — Kansas-Nebraska Act — Slavery 
in Kansas — “Border Ruffians” — Governor Trusten 
Polk — Governor Robert M. Stewart — “Jayhawkers” 

— National Parties. 



10 


A HISTORY OF MISSOURI 


CHAPTER XVI 

PAGE 

Progress of the State, 1845 to 1860 . 147 

The Railroads — Early Roads — State Debt — Population 
— Northern and Foreign Immigration—Slavery — Cities 
— Forty Years of Progress — The Approaching Crisis. 

CHAPTER XVII 

Missouri Takes her Stand for Compromise . . . 154 

Election of 1860 — Governor Claiborne F. Jackson — The 
Convention — Election of the Convention — Action of 
the Convention. 

CHAPTER XVIII 

The Fight for Missouri. 161 

The Radical Southern Party — The Unconditional Union 
Party — The Arsenal — Firing on Fort Sumter — Camp 
Jackson — Militia Act — Price-Harney Agreement. 

CHAPTER XIX 

The Civil War in Missouri. 171 

Boonville — Carthage — Wilsons Creek — Ordinance of 
Secession — Pea Ridge — Price’s Raid — Local Civil War 
-—The Guerrillas — Martial Law — Order Number 11 — 
Missouri Troops. 

CHAPTER XX 

The Provisional Government and the End of Slavery . 181 
The Provisional Government — Governor Hamilton R. 
Gamble — Test Oaths — Emancipation — New Parties 
— Ordinance of Emancipation. 

CHAPTER XXI 

Radical Rule and New Parties, 1864 to 1870 . . . 187 

Confusion of Party Names — Beginnings of New Parties 
— Governor Thomas C. Fletcher — The Convention of 
1865 — The Ironclad Oath — Revival of the Democratic 



CONTENTS 


11 


PAGE 

Party — The Split in the Republican Party — Governor 
Joseph W. McClurg — United States Senators — Oppo¬ 
sition to the Oaths — Election of 1870 — Repeal of the 
Ironclad Oath. 


CHAPTER XXII 

The Liberal Republican Movement and Democratic Su¬ 
premacy .195 

Governor B. Gratz Brown — Liberal Republican Move¬ 
ment— Governor Silas Woodson — Governor Charles H. 
Hardin — Convention of 1875 — Senator F. M. Cockrell 
— Governor John S. Phelps. 

CHAPTER XXIII 

Economic and Social Changes, 1861 to 1875 . . . 202 

Missouri during the War — Confusion after the War — 

Loss of Population — Growth in 1865-1870 — Sale of 
Railroads — New Railroads — Debt and Taxation — 
Education — Cities. 

CHAPTER XXIV 

Missouri Since 1875 . 208 

Political Conditions — Governors T. T. Crittenden and 
John S. Marmaduke — Governors David R. Francis and 
William J. Stone — Senator George G. Vest — New Issues 
— The Grangers — The Populists — Missouri goes Re¬ 
publican— The Later Governors — Manufacturing and 
Mining. 


Index 


. 215 




40 


39 



38 



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A HISTORY OF MISSOURI 


CHAPTER I 

THE NATURAL ADVANTAGES OF MISSOURI 

Geographical Advantages. — If you will study the 
map of the United States (on the opposite page) 
showing the rivers, plains, and mountains, you will see 
that Missouri has a fortunate location in the country. 
In the first place it lies within the Mississippi valley, 
which is the region in all the world best suited for the 
home of civilized man. Here soil, climate, and rainfall 
combine to give the greatest harvest. Within this 
valley Missouri has had certain advantages over her 
neighbor states. In the early days, before the railroads 
came, the rivers of the Middle West were its greatest 
highways. Of these, the Mississippi, the main artery 
of the valley, flows along one border of Missouri. 
The Missouri river, for years the gateway to Oregon, 
California, and the Southwest, flows through the state. 
The Ohio, the great highway for settlers from the East, 
empties into the Mississippi opposite its eastern border. 
Missouri was the crossroads for trade of the Mississippi 
valley, and trade between the East and the Far West. 

Variety of Resources. — Missouri stretches so far 
from north to south, and has such a variety of soils, 
15 


16 


A HISTORY OF MISSOURI 


that most of the great crops of the whole valley can be 
raised within her border. The cotton and tobacco of 
the South and the corn and wheat and fruit of the 
North all flourish. She is not altogether a prairie or 
agricultural state. In the southern part are the 
Ozarks, the only mountains in the whole valley. Here 
are rich mines of lead and zinc. Scattered through the 
state are great beds of coal. There is no state in the 
Union that could be more nearly self-supporting than 
Missouri. 

Soils and Settlement. — The different kinds of soil in 
Missouri have had so much to do with her development 
that we must know something about them to under¬ 
stand her history. The Americans who settled the 
West and Missouri in the early days chose their homes 
where they found four things, — smooth country, good 
soil, timber, and running water. In Missouri they 
found running water almost everywhere, and plenty of 
timber except in the northern prairie section. So in 
Missouri the Americans usually settled where they found 
at the same time country smooth enough for farming 
and a fertile soil. 

Surface. — North of the Missouri, as the map shows, 
almost all the land is smooth rather than rough. Only 
a small part along the lower Missouri and the Mississippi 
is really hilly and not so well suited to agriculture. 
South of the Missouri three of the four corners of this 
section are free from roughness. St. Louis county, 
the lowlands in the southeast, and the prairie southeast 
of Kansas City are all level or gently rolling districts. 


NATURAL ADVANTAGES OF MISSOURI 


17 



In the Ozarks the smooth and rough country are scat¬ 
tered and intermixed, and so even to-day settlement is 
scattered in the same way. 

Soils. —There are many different kinds of soil in 
Missouri, but they may all be described under five 
classes. First there are the bottom lands which stretch 
along the rivers and broaden out into the lowlands of 
the southeast. These are deep and wonderfully rich, 







































18 


A HISTORY OF MISSOURI 


but very often poorly drained or often flooded. The 
very fertile brown loess soil is probably the most valu¬ 
able. Most of this is found in two bands either side 
of the Missouri from about Boone county westward. 
The whole northwestern part of the state is of this 
type. It is the very best soil for corn and apples. The 
rest of the northern part of the state and the corner 
southeast of Kansas City are prairie soils, the soils 
that have made the Mississippi valley the granary of 
the whole country. Around the border of the Ozarks 
proper lies a belt of soils, most of which are good and 
some excellent. The soil in the highlands is mostly 
thin and stony and not very profitable for farming. 
Even in this district there are “ pockets ” of very fertile 
red limestone soil on the Meramec and St. Francis 
rivers. 

Missouri, then, has had from the beginning great 
advantages for agriculture, trade, and mining. When 
the first white men came and the history of Missouri 
began, all this great storehouse of natural wealth was 
held by a few bands of wandering Indians. The his¬ 
tory of Missouri is the story of how the white men con¬ 
quered the wilderness and what use they made of these 
wonderful resources. 

Problem 

What were the natural advantages of Missouri ? 

Questions 

In what section of* the United States is Missouri located ? Why 
is that section so fortunate ? What special advantages in this sec¬ 
tion has Missouri for trade ? for agriculture ? in other ways ? 


NATURAL ADVANTAGES OF MISSOURI 19 

What four things attracted the pioneers ? Which of these were 
most important in Missouri ? 

W hat parts of the state are smooth ? What parts are rough ? 

What are the five types of soil in Missouri ? What do you know 
about each? Where is each to be found? 

Is your own county smooth or rough? What kind of soil is 
to be found there ? 

What is the history of Missouri ? 

















CHAPTER II 


THE EARLY SETTLEMENTS 

Discovery of the Mississippi. — The first white man 
to see the Mississippi river was a Spaniard, Ferdinand 
de Soto. For three years he and his men wandered 
about from Florida to Arkansas, searching for gold. 
In the course of his wanderings De Soto discovered 
the Mississippi in 1541. He found no gold, and died, 
worn out by his exertions. His followers buried him 
in the great river he had discovered. It is possible 
that he or his followers reached what is now southeast 
Missouri. At any rate, he came and went, found no 
gold, and made no settlement. 

The history of Missouri began with the coming of the 
French explorers. From their headquarters far away 
at Quebec and Montreal on the St. Lawrence, the French 
pushed farther and farther into the wilderness. Three 
different things led them on, — the fur trade, the con¬ 
version of the Indians, and the hope of finding a water¬ 
way to the Pacific. It was the last which led the first 
Frenchmen to the Mississippi. In 1673 Joliet and the 
missionary Marquette, with five other men, in two 
canoes, crossed over from Lake Michigan by a portage 
in what is now Wisconsin and reached the Mississippi. 
They floated down to the mouth of the Arkansas and 
20 


THE EARLY SETTLEMENTS 


21 


turned back. Almost ten years later, in 1682, La Salle 
reached the mouth of the Mississippi and took possession 
of the whole valley in the name of the king of France. 
But these men did not stop to explore the banks of the 
Mississippi; they were too much interested in finding 
out whether the river emptied into the Pacific and could 
be used as a highway to the East. 

Kaskaskia and Ste. Genevieve. — The first French¬ 
men to settle on the Mississippi were the French mis¬ 
sionaries who founded a station at Cahokia in 1699 
and at Kaskaskia in 1700, on the Illinois side of the 
Mississippi. Canadian fur traders soon joined them, 
and the fertile bottom lands attracted French farmers 
from Canada. The “ American Bottom/’ as it was 
later called, was soon settled for some fifty miles from 
opposite the mouth of the Missouri southward. 

Almost from the beginning these French traders and 
hunters were to be found on the Missouri river, and 
as time went on they pushed farther and farther west¬ 
ward to the great bend of the Missouri at Kansas City 
and beyond. Others heard from the Indians of the 
lead to be found on the Meramec and the St. Francis, 
and soon many went there every year. The lead ore 
was very near the surface and easily worked, so that 
deep mines and expensive machinery were not needed. 
But both the hunters and the miners for a long time 
kept their homes on the east bank of the Mississippi 
and went back there after every expedition. 

Sometime about 1735, — we do not know the exact 
date, — some of them built their log cabins at Ste. Gene- 

HIST. MO. — 2 


22 


A HISTORY OF MISSOURI 


vieve and began the first permanent settlement in 
Missouri. These people chose Ste. Genevieve partly 
because it was on the way to the lead country, and 
partly because the fertile bottom land and the salt 
springs not far away made it a pleasant place in which 
to live. These first comers built their cabins near the 
/ river, and later, when the bank was washed away, were 
forced to move to the higher land where the town of 
Ste. Genevieve is located to-day. 

St. Louis. — Meanwhile the news of the profitable 
trade in lead and furs had reached New Orleans, and 
several expeditions had been sent out to work the mines. 
Finally a wealthy merchant there decided to take part 
in the Missouri river fur trade. In the summer of 
1763 he sent up the river an outfit of men and goods 
under Pierre Laclede Liguest, a native of southern 
France. Laclede, as he was always called, came first to 
Ste. Genevieve, where he expected to spend the winter, 
but he could not find any building large enough to hold 
his goods. He crossed over the Mississippi to Fort 
Chartres, where the French officer permitted him to 
store his outfit. Laclede then searched the west 
banks for the best place for his trading post. He 
finally decided on a low bluff a few miles below the 
mouth of the Missouri, the site of the present city of 
St. Louis. 

As soon as the ice was out of the river the next spring, 
in 1764, Laclede sent his stepson Auguste Chouteau, 
a boy 6f twelve or thirteen, with men to begin the 
buildings, and a little later came over himself. A 


THE EARLY SETTLEMENTS 


23 


band of Indians soon appeared to find out what these 
strangers were about, and proved a great nuisance. 
Laclede tried to set them at work digging the cellars, 
but only the squaws would work, so finally he drove 
them away by threatening to send for the French 
troops from across the river. The storehouse and the 
cabins were finished during the summer, and in the 
autumn Laclede brought over his outfit and his family. 
By the end of the year there were perhaps forty people 
at the trading post. Laclede was the leading merchant 
at St. Louis until he died, fourteen years later. 

In the next two years the little trading post grew 
into a village of some hundreds of settlers, and Ste. 
Genevieve also increased rapidly in size. The new¬ 
comers were from the older villages across the river, from 
Cahokia, Kaskaskia, and Fort Chartres. They came 
when the English garrison arrived at Fort Chartres and 
Great Britain took possession of the American Bottom. 
After the last great struggle between France and Great 
Britain for the control of North America, in 1763, 
France gave up her claims east of the Mississippi to 
Great Britain, and west of the Mississippi to Spain. 
The little settlements along the Mississippi were so 
far away from the rest of the world that it was two 
years before an English garrison was able to reach 
Fort Chartres, and seven years before the first Spanish 
lieutenant governor established himself in St. Louis. 
The region was known as Upper Louisiana. 

After this first rapid increase in numbers, St. Louis 
and Ste. Genevieve grew very slowly for more than ten 


24 


A HISTORY OF MISSOURI 


years. Then more French came from across the 
Mississippi when the Americans took control there. 
About 1787 there was a new movement of French from 
the old Northwest, from as far away as Vincennes, 
caused perhaps by the prohibition of slavery in the 
Northwest Territory by the Ordinance of 1787. After 
1796 there was a steady and rapid growth, but this 
time the new settlers were Americans from Kentucky 
and Tennessee. When the American flag was raised at 
St. Louis in 1804, there were about 10,000 people in 
what is now the state of Missouri, about as many as 
are to be found to-day in Columbia or Jefferson City. 
About 1500 of the 10,000 were negro slaves; about 1000 
of the total population was in the village of St. Louis. 
More than half the total population was American. 

New Madrid, St. Charles, Cape Girardeau. — Mean¬ 
while three new centers of settlement had been estab¬ 
lished. In 1789 a party of Americans under Colonel 
Morgan tried to found a colony at New Madrid. The 
plan failed because the Spanish government was un¬ 
willing to give them the great grant of land they wanted, 
but a few remained, who were joined later by more 
Americans and very many French. The land was rich, 
and the trade with the Indians here very profitable. 

Perhaps a little earlier than the settlement of New 
Madrid, French traders and hunters on the Missouri 
settled at St. Charles, a more convenient place for them 
than St. Louis. When the Americans came, a large 
number settled on the rolling upland of what is now 
Cape Girardeau county, around the present town of 


THE EARLY SETTLEMENTS 


25 


Jackson. There were American settlements also back 
in the lead country, in the smooth and fertile section 
around Potosi and Farmington. So there were in 1804 
four villages, almost altogether French, at Ste. Gene¬ 
vieve, St. Louis, St. Charles, and New Madrid, and 
scattered settlements, chiefly American, along the 
Mississippi from New Madrid to St. Louis and some 
forty miles up the Missouri, and here and there in the, 
interior, on the Meramec and the St. Francis. 

Problem 

How the French came to Missouri and settled there. 

Questions 

Who was the first white man to see the Mississippi ? What was 
he trying to do ? What importance has his discovery in Missouri 
history ? 

Why did the French explore the West? Who were the early 
French explorers of the Mississippi? What land did the French 
claim ? 

Who were the first French settlers on the Mississippi? Where 
did they settle? Why were they interested in Missouri? 

Where was the first French settlement in Missouri ? When was 
it made ? Why ? 

Why was St. Louis founded ? What do you know about Laclede ? 
About the building of the trading post ? 

Why did St. Louis grow so rapidly in the first two years ? Why 
did Upper Louisiana grow so rapidly after 1787? after 1796? 
What new people came after 1796 ? 

About how many settlers were there in Upper Louisiana in 1804? 
Where were the French? Where were the Americans? About 
how many Americans were there ? How large was St. Louis ? 

Look on the maps on pages 17 and 19 and explain why the 
Americans settled where they did. 


CHAPTER III 


MISSOURI UNDER SPANISH RULE 

The Coming of the Spanish. — When France was so 
badly beaten in the French and Indian War she gave 
up the Mississippi valley: all east of the river, except 
New Orleans, to Great Britain; New Orleans and all 
west of the river, to Spain. But the people in Upper 
Louisiana were far away from the rest of the world. It 
took three months to come up the river by boat from 
New Orleans, and still longer to come to St. Louis from 
New York or Philadelphia. So it was some years be¬ 
fore the English and Spanish took possession. When 
the English troops finally reached Fort Chartres in 1765, 
Captain St. Ange, the French commander, moved his 
troops and government across the river. 

As we have seen, very many of the French settlers 
followed him. It was five years later, in 1770, that the 
first Spanish lieutenant governor arrived and took 
control. This change from the French to the Spanish 
flag made surprisingly little difference to the people. 
Very few Spaniards came to Upper Louisiana except 
the lieutenant governors and a few soldiers. Spanish 
law differed very little from the French. French was 
still the language of the people and was used in the 
courts. Upper Louisiana remained French in every¬ 
thing but name. 


26 


MISSOURI UNDER SPANISH RULE 


27 


Events in the Spanish Period. — Life out here in 
the wilderness was very uneventful. There were few 
Indians in the section of Missouri settled before 1804, 
and the French and Spanish understood how to keep 
them friendly. Once in a while some movement in the 
outside world reached this out-of-the-way part of the 
world. When George Rogers Clark with his little 
band of Virginians and Kentuckians came down the 
Ohio and captured Kaskaskia from the English in the 
Revolution, the French across the Mississippi were 
friendly and helped to feed his soldiers. 

Two years later the French suffered for the aid they 
had given the Americans. A few English and many 
Indian allies came down the Mississippi from Canada 
to recapture Kaskaskia and occupy the whole valley. 
They failed at Kaskaskia, but some of the Indians 
crossed the river and attacked St. Louis. They seem 
to have been driven off from the village without great 
difficulty, but they killed or carried off a number of 
farmers from the country outside. The next year,’ 
in 1781, a small party of French and Spanish from St. 
Louis plundered an English trading post at St. Joseph, 
just southeast of Lake Michigan. 

After this the old peaceful life returned. The 
Spanish government was much afraid of an English 
attack after 1795, but nothing came of it. Just how 
little happened may be seen from what the people 
thought of as important events. They had a way of 
naming the year after what seemed its most important 
happening. These are a few examples: the Year of 


28 


A HISTORY OF MISSOURI 


the Great Flood, the Year of the Smallpox, the Year 
of the Hard Winter, the Year of the Galleys, when 
nearly a hundred soldiers came up from New Orleans 
at one time! 

Government under the Spanish. — The government 
of Upper Louisiana was very different from anything 
an American to-day would think tolerable. There were 
no elections, no legislature, no mayors or councils in 
the villages, nor even trial by jury. The Spanish 
lieutenant governor at St. Louis was very nearly 
absolute. He was commander of the Spanish garrison 
and of the local militia, he was chief judge, he could 
make local regulations or laws, control settlement, pass 
on land grants, and appoint the local officials; and, 
of course, he was responsible for the administration 
of the government and the enforcement of the law. 
Subject to the orders of the governor general at New 
Orleans his word was law: except in a very few unim¬ 
portant local affairs the people had no voice in the gov¬ 
ernment. 

In form this was a military despotism. In practice 
it worked satisfactorily to French and Americans alike, 
for the governors used their powers very mildly. 
There were few lawsuits and little crime, and the cases 
which did come before the governors were decided 
promptly, cheaply, and justly. In fact, the Americans, 
for a time after the annexation to the United States, 
disliked the American courts and trial by jury because 
of the delays and the expense. In their lawmaking 
and administration the governors seem to have been 


MISSOURI UNDER SPANISH RULE 


29 


honestly anxious to promote the happiness and pros¬ 
perity of the people. Some of them, particularly 
the last, Delassus, were eager to fill their own pockets, 
but they did this by land speculations and fraudulent 
land grants, at the expense of the Spanish government, 
not of the people. There is no record of any serious 
dissatisfaction with the government throughout the 
Spanish period. 

Life in the French Villages. — Such a government 
could work well because, as we have seen, the popula¬ 
tion was small and because life was so simple that little 
government was needed. The French have always 
been a very social people, and in Upper Louisiana 
nearly all lived in compact villages and hamlets. 
Nearly all the young men, sometime in their lives, went 
up the Missouri and the Mississippi after furs, or into 
the St. Francis or Meramec valleys after lead, but all 
kept their homes in the villages and returned to them 
after their trips. 

In the village the houses were strung along a few 
streets, often along only one, each house standing in a 
lot of some size, narrow but deep. The houses, which 
stood near the street, were built of logs set on end, the 
spaces between filled with clay or stone, with a long 
sloping roof forming a porch in front and rear. The 
better houses had a chimney in the middle and two 
rooms, one serving as parlor, dining room, and bed¬ 
room, the other as the kitchen. Back of the house 
were the negro quarters,—for most of the slaves were 
owned by the French, — and the barn and outbuildings. 


30 


A HISTORY OF MISSOURI 


In the rear were the vegetable and flower gardens and 
the orchard. The farms were outside the village, in 
one great common field fenced in at the common 
expense. Agricultural methods and tools were very 
primitive; the plows were of wood, and the hoes and 
mattocks heavy and clumsy. 

Although they had no politics to take up their atten¬ 
tion, the French did not lack interests and amuse¬ 
ments. Card playing and billiards were favorite forms 
of amusement, and dances and balls came every 
week. Here all classes met on an equal footing, and 
in general society was very democratic. Much more 
attention was paid to courtesy and good manners than 
among the American pioneers. The religion of the 
French, with its many saints’ days and festivals and 
impressive ceremonies, filled a large place in their 
lives. Altogether life seems to have been very pleas¬ 
ant in these old French villages. The people may have 
been somewhat lazy and not very enterprising, but all 
accounts agree that they were courteous, self-con¬ 
trolled, temperate, and happy. 

The Americans. — The Americans preferred de¬ 
tached farms, where each one could be independent, 
and, except in New Madrid, they did not settle in the 
French villages. They lived in Missouri very much as 
they had lived in Kentucky and Tennessee, raising 
corn and wheat, having large numbers of stock which 
ran half wild on the range, and spending much time in 
hunting and in the fur trade. The American log cabin 
was built with the logs laid on the side, and commonly 


MISSOURI UNDER SPANISH RULE 


31 


consisted of two rooms or cabins with a space between, 
with one roof over all. Only the older and wealthier 
settlers were slave owners. Although actually more 
numerous than the French in 1804, the Americans were 
so scattered and so out of touch with the government 
that the French still dominated the district. As yet 
only a small beginning had been made in taking advan¬ 
tage of the opportunities in Upper Louisiana. The 
great developments came after the district became 
American. 

Problem 

How the people lived under the Spanish rule. 

Questions 

How did France lose the Mississippi valley? What nations re¬ 
ceived it ? Why did they wait so long to take possession? What 
effect did the coming of the English have in Missouri history? The 
coming of the Spanish? How far did Upper Louisiana remain 
French ? 

Why was there so little history under the Spanish? How did 
the French help George Rogers Clark ? Why did the Indians at¬ 
tack St. Louis ? What damage did they do ? Where is St. Joseph? 
What happened there ? What were some of the things the French 
thought important events ? 

How was the Spanish government different from our government 
to-day? What were the different powers of the lieutenant gov¬ 
ernor ? Was the government satisfactory to the people ? Why ? 

Why did the French live in villages ? How did they make their 
living ? How was the village built ? How were the houses built ? 
How were the farm buildings and gardens arranged ? Where were 
the farms ? 

Was life in the French villages pleasant or unpleasant ? Why ? 


32 


A HISTORY OF MISSOURI 


What were the amusements ? What were the strong points of the 
French ? The weak ? 

Why did the Americans avoid the French villages? Where did 
most of them settle ? What did the Americans do ? How was the 
American cabin t>uilt ? Was Upper Louisiana French or American 
in 1804? Why? 

How much had been accomplished under the French and Spanish ? 


CHAPTER IV 


THE WESTWARD MOVEMENT AND THE PURCHASE 
OF LOUISIANA 

The Old West. — The coming of Americans to Upper 
Louisiana was part of that great westward movement 
which before 1803 had brought thousands of Americans 
across the mountains to Kentucky, Tennessee, and 
Ohio. This movement not only put the French settle¬ 
ments in touch with the United States and led many 
Americans across the Mississippi, but also was a most 
important factor in the Louisiana Purchase. 

From the time the first settlements were made at 
Jamestown and Plymouth the colonists were pushing 
out into the wilderness, but for a hundred years they 
did not go much beyond the Tidewater plain along the 
coast. Early in the eighteenth century this country 
was filling up so rapidly that good land was becoming 
expensive and it was difficult for the immigrant with¬ 
out money to get a start in life. The later comers then 
pushed through the Tidewater into the rougher Pied¬ 
mont, as the long slope from the plain to the mountains 
is called, and into the beautiful and fertile valleys of 
the mountains; that is, they went to sections where 
land could be had almost for the asking. 

33 


34 


A HISTORY OF MISSOURI 


The greater number of the newcomers were Scotch- 
Irish, Presbyterians from the north of Ireland, or 
Germans. Living as they did in the back country, 
these frontier folk grew to be a different people from 
those of the older settlements along the coast. They 
were more enterprising and independent, fonder of mov¬ 
ing from place to place, and more curious to see new 
country. They got much of their food and even their 
clothing by hunting, and moved on when the game grew 
scarce. Naturally after a time the more desirable parts 
of the Piedmont began to fill up, and the more adven¬ 
turous spirits turned their attention to the country 
beyond the mountains. One of the earliest, and by all 
odds the most famous, of these pioneers who broke 
through the mountain barrier and began the American 
occupation of the Mississippi valley, was Daniel Boone. 

Daniel Boone. — The story of the wanderings of the 
Boone family tells the story of the whole westward move¬ 
ment. Early in the eighteenth century Daniel Boone’s 
grandfather landed with his family at Philadelphia and 
took up a farm in the Pennsylvania Piedmont. His son, 
Daniel’s father, became a prosperous farmer, but when 
his eleven children were growing up there was no more 
cheap land in the neighborhood on which they would 
settle for themselves. Rather than see his family scat¬ 
tered he sold his farm, and with most of his family 
moved leisurely southward through the Piedmont some 
five hundred miles to the back country of North Carolina. 

Here Daniel Boone married, built a cabin, and lived 
happily for some years. But as the settlers increased 


THE WESTWARD MOVEMENT 


35 


in number the game was killed out, and he became 
restless and dissatisfied. Finally, a few years before 
the Revolution, with five companions he crossed through 
the mountains after a month of hard traveling, and, 
as he said, “ saw with pleasure the beautiful level of 
Kentucke.” For two years he roamed about, part 
of the time alone, living by his rifle, reveling in such 
hunting as he had never known. Then he returned 
to his family, sold out in his turn, and just at the 
opening of the Revolutionary War moved his family 
to the famous Kentucky blue grass. 

After the Revolution the Americans followed in 
greater and greater numbers to both Kentucky and 
Tennessee. Boone moved ahead of the settlements 
in Kentucky, and finally, in 1799, migrated for a third 
time, to the Missouri river, to the very edge of settle¬ 
ment. Here, in what is now St. Charles county, 
Boone lived to a hale old age and died in 1820, eighty- 
six years old. 

Americans in Missouri. — For a long time the Span¬ 
ish did not welcome these pioneers when they tried 
to cross the Mississippi and settle on Spanish soil. 
They feared the Americans would prove rebellious 
subjects, and disliked their Protestant religion. After 
1795 the Spanish government was more afraid that 
Great Britain would seize all of Louisiana, and encour¬ 
aged American settlement to strengthen the colony. 
The Americans were given land, they were not molested 
because of their religion so long as they did not try to 
organize Protestant churches and hold public meetings, 


36 


A HISTORY OF MISSOURI 


taxes were almost unknown, and the Spanish govern¬ 
ment, as we have seen, was very mild. So more than 
five thousand Americans came to Upper Louisiana 
before the Purchase. 

The Mississippi Question. — Another reason why the 
Spanish were more willing to admit them was that in 
1795 the Spanish at last agreed that the Americans 
might have the free use of the Mississippi. This 
right was absolutely necessary for the prosperity of 
the men in Kentucky and Tennessee. When the 
settlers who followed Boone began to clear farms and 
raise corn and wheat and cattle, the soil was so fertile 
that they soon were producing more than they could use. 
These products were altogether too heavy and bulky 
to send to Richmond or Baltimore or Philadelphia over 
the rough roads and trails through the mountains, so 
the westerners built flatboats and floated them down 
the Ohio and the Mississippi to New Orleans. 

Spain, however, soon became alarmed at the great 
numbers of Americans who were thronging into the Ohio 
valley, and feared that they would overrun Louisiana 
and annex it to the United States. In 1784 she began to 
seize the American boats when they reached the lower 
Mississippi, and forbade the Americans to use the river. 
There were other questions, too, at issue between Spain 
and the United States, which did not concern the West. 
For ten years after the Revolution the United States 
government tried to reach some agreement with Spain, 
but in vain. Spain even tried to persuade the Ken¬ 
tuckians to separate from the United States and be- 


THE PURCHASE OF LOUISIANA 


37 


come Spanish subjects, and so secure the navigation of 
the Mississippi. 

Spain Opens the Mississippi. — At last the United 
States lost patience, and Spain became alarmed lest 
we join Great Britain and force the opening of the 
Mississippi; so in 1795 she signed a treaty by which the 
Americans were permitted to send their corn and meal 
and flour and beef to New Orleans and transfer it there 
to seagoing vessels, without any interference. 

Louisiana Given Back to France. — For five years 
all went well and the West was exceedingly prosperous. 
Then Napoleon forced or persuaded Spain to give 
Louisiana back to France, so that he might restore the 
French colonial empire lost in 1763. Spain was one 
of the weakest powers in Europe, and now that the 
Mississippi question seemed settled, no possible danger 
to the United States, while France under Napoleon 
was one of the strongest. If Napoleon sent an army 
of French veterans under one of his famous generals 
to New Orleans, he could not only close the Mississippi 
again but perhaps conquer all the West. And just as 
President Jefferson and the West were thoroughly 
alarmed over this retrocession of Louisiana to France, 
the Spanish officer at New Orleans withdrew the most 
important of the rights granted five years before, and 
closed the Mississippi. 

The Louisiana Purchase. — The westerners were up 
in arms at once, and threatened to take matters into 
their own hands unless Jefferson acted promptly and 
vigorously. Jefferson sympathized with them, as he 

HIST. MO.- 3 


38 


A HISTORY OF MISSOURI 


always had done, but he was determined to avoid war. 
He accordingly sent James Monroe to France to try 
to purchase New Orleans and West Florida, so that the 
United States would control one bank of the Mississippi 
to its mouth. When Monroe reached France he found 
that the American minister, Livingston, had almost 
completed a treaty for the purchase of all Louisiana. 

Napoleon had found it very difficult and expensive 
to reestablish the French power in the West Indies, he 
was threatened with a new war in Europe, and was tired 
of his whole colonial scheme. So he suddenly gave 
up all his plans for colonial empire, and for $15,000,000 
sold Louisiana to the United States so that Great 
Britain might not seize it in the approaching war. 
The United States, by this purchase, more than doubled 
its size and area, settled the Mississippi question for¬ 
ever, and started on a career of expansion which has 
not stopped at the Pacific. This Purchase of Louisi¬ 
ana, which made what is now Missouri part of the 
United States, was one of the most important events 
in the history of our country; it is the first but by no 
means the last of the important events in our national 
'history in which Missouri was very much concerned. 

Problem 

How Missouri became American. 

Questions 

What was the Tidewater ? the Piedmont ? Why did the Ameri¬ 
cans push westward ? What people settled in the Piedmont ? How 
did they live ? 


THE PURCHASE OF LOUISIANA 


39 


Where did the Boone family first settle? Why did they move 
to North Carolina? When did Boone cross the mountains? Why 
did he move to Kentucky ? to Missouri ? 

Why did not the Spanish want the Americans in Upper Louisiana ? 
Why did they change their minds ? Why were the Americans will¬ 
ing to live under the Spanish flag ? 

Why was the free use of the Mississippi so important to the west¬ 
erners ? Why did Spain close the Mississippi ? Why did she finally 
open it ? 

How did Upper Louisiana become French again? What did 
Napoleon plan to do? Why did not Jefferson wish Napoleon to 
have Louisiana ? What excited the West ? 

Why was Monroe sent to France? Why did Napoleon sell 
Louisiana? What did it cost? How did the Purchase affect 
United States history? 



CHAPTER V 


GOVERNMENT AND GOVERNORS OF MISSOURI, 1804 
TO 1820 

United States Takes Possession. — Although Spain 
gave back Louisiana to France in 1800, Napoleon had 
never been able to take possession of it. All his expe¬ 
ditions planned for New Orleans were forced to stop 



at the island of Haiti to put down a slave rebellion 
there. No French officer had reached St. Louis, so 

40 


















GOVERNMENT AND GOVERNORS, 1804 TO 1820 41 

the “ retrocession ” had no effect on the local history 
of Missouri. The Spanish lieutenant governor re¬ 
mained as the head of the government until March 9, 
1804, when Captain Amos Stoddard of the United 
States artillery came up from New Orleans and raised 
the American flag at St. Louis. Stoddard acted as the 
agent of France also; he first received Upper Louisiana 
in the name of France, and then took possession for the 
United States. The ceremony was marked by speeches 
and proclamations, a parade of soldiers and salutes of 
artillery, but it is not clear that the people showed 
much joy or sorrow. In a few months they were very 
much dissatisfied both with the American form of gov¬ 
ernment and with certain laws of Congress. 

District and Territory of Louisiana. — To tell the 
truth, neither Jefferson nor Congress knew very much 
about this splendid territory they had purchased or 
about the people in it, so for a time they were very 
careful. Captain Stoddard acted as governor, with 
the powers of the old Spanish lieutenant governor/ 
until October 1, 1804. At that date all of the Loui¬ 
siana Purchase north of the southern boundary of the 
! present state of Arkansas became the District of Loui¬ 
siana. This district was not given any separate gov¬ 
ernment of its own. It was attached to the territory 
of Indiana, and placed under its governor, General 
William Henry Harrison, later President of the United 
States. There was suspicion, and probably with reason, 
that the last Spanish lieutenant governor had made 
many fraudulent land grants, so Congress passed strin- 


42 


A HISTORY OF MISSOURI 


gent laws as to land titles. These threatened the 
property of very many of the settlers in Missouri. 
Naturally the people were surprised and angry. In 
September, 1804, a convention of the leading men of 
the district met at St. Louis and adopted a vigorous 
petition to Congress. They asked for a territorial 
government of their own, with a governor who should 
live in the district, and not one hundred and sixty-five 
miles away at Vincennes. They asked also for a more 
liberal land policy. 

Congress acted slowly and cautiously as to land 
titles; in fact, it was 1836 before the last law about 
them was passed. But Congress promptly provided 
a more satisfactory form of government. In 1805 the 
district of Louisiana became the territory of Louisiana, 
with the same boundaries. The officials were a gov¬ 
ernor, three judges, and a secretary, all appointed by 
the President of the United States. The governor and 
the judges were the lawmaking body. 

Territory of Missouri. — Though an improvement, 
this plan was not altogether satisfactory, for it gave 
the people no share in the government. The census of 
1810 showed a population of over 20,000 in the territory, 
much too large for such a form of government. The 
admission of the southern part of the Purchase as the 
state of Louisiana in 1811 made necessary at least a 
change in the name of the territory. Congress in 1812 
changed the name to Missouri, but left the boundaries 
as in 1804. A more important change was in the form 
of government. The lawmaking power was given to a 


GOVERNMENT AND GOVERNORS, 1804 TO 1820 43 

general assembly, made up of the governor, appointed 
by the President, and a legislative council and a house 
of representatives. The house of representatives was 
elected directly by the people. The house then nomi¬ 
nated eighteen men, from whom the President chose 
nine to form the legislative council, or upper house. 

The people were also permitted to elect a delegate 
to the national house of representatives, where he could 
speak but not vote. Thus they gained a voice in their 
own government and a representative at Washington 
to explain their needs and desires. In 1816 Congress 
made the government still more liberal by permitting 
the people to elect the legislative council. As Congress 
became much more liberal in the matter of land titles 
also, the Missourians were fairly well satisfied after 
1812. But, as we shall see, the population increased 
by leaps and bounds after 1815, and in 1818 the Mis¬ 
souri legislature petitioned Congress for admission to 
the Union as a state. 

Local Government. — Meanwhile the governors and 
judges, and later the general assembly, were trying many 
experiments in local government. Until 1812 the origi¬ 
nal five Spanish districts were retained; in 1812 these 
became the first counties of Missouri. As population 
increased and new sections were opened up, new coun¬ 
ties were’ organized. Various plans of county govern¬ 
ment were tried, but under all of them the officers were 
appointed by the governor. The general assembly and 
the courts introduced American laws, so that the whole 
government was thoroughly Americanized by 1818. 


44 


A HISTORY OF MISSOURI 


Governor Wilkinson. — The governors of Missouri 
while it was a territory were able and, all but one, 
popular men. The first, as we have seen, before a 
separate territory was established, was William Henry 
Harrison, governor of Indiana territory, later a famous 
Indian fighter and President. The first governor of 
Louisiana territory was General James Wilkinson. He 
seems to have been a born plotter and schemer. As a 
young man in the Revolutionary army he had a share 
in the disgraceful attempt to get rid of Washington 
and put Gates in his place as commander. After the 
Revolution he lived for years in Kentucky, where he 
secretly became a Spanish subject and tried hard to 
persuade the Kentuckians to separate from the United 
States. While he was governor of Louisiana territory 
he was visited in St. Louis by Aaron Burr, and later 
was entangled in Burr’s conspiracy. After leaving 
Missouri Wilkinson was commander in chief of the 
American army in the War of 1812, and proved thor¬ 
oughly incompetent. It is not strange that a man 
of this sort was heartily disliked as governor, although 
just what he did at St. Louis to make himself so unpop¬ 
ular is not clear. Jefferson finally sent him to New 
Orleans to take command of the troops on the Spanish 
frontier. 

Governor Lewis. — In Wilkinson’s place ’Jefferson 
appointed, in 1807, Meriwether Lewis. Lewis had 
lately returned from his famous expedition with Clark 
to the Columbia river and the Pacific. He was a 
Virginian of a well known family, and had been private 


GOVERNMENT AND GOVERNORS, 1804 TO 1820 45 

secretary to President Jefferson. He found the terri¬ 
tory divided into hostile factions and the government 
in confusion. By his patience and fairness he soon 
restored harmony and good feeling. His health failed, 
and in 1809 he set out for Washington. While cross¬ 
ing Tennessee he either committed suicide in a fit of 
temporary insanity, or, as some believed, was robbed 
and murdered. 

Governor Howard. — Lewis’s successor was Benja¬ 
min Howard of Kentucky, who resigned his seat in 
Congress to become governor of Louisiana territory. 
In 1812 Howard resigned as governor to become a 
brigadier general in the United States army, but died 
the following year. It was under Governor Howard 
that the name of the territory was changed to Missouri, 
the first counties organized, and the first legislature 
elected. 

Governor Clark. — The last and best-known of the 
territorial governors was William Clark. He was born 
in Virginia, but while still a boy joined his more famous 
brother, George Rogers Clark, in Kentucky. At 
Lewis’s request he was appointed one of the commanders 
of the Lewis and Clark expedition to the Pacific. On 
his return Clark was made Indian agent at St. Louis, 
and in 1813 governor of Missouri territory. 

Clark was a genial, good-natured, and popular man, 
and an able and successful governor. He was much 
interested in developing the Missouri river fur trade, 
and was particularly successful in dealing with the 
Indians. “ Red head,” as the Indians called him, won 


46 


A HISTORY OF MISSOURI 


their respect and confidence through his sympathy 
with their problems and his honesty and fairness. 
When Missouri became a state, Clark was candidate 
for governor, but was beaten. Soon afterward he was 
reappointed Indian agent, and was made surveyor 
general of Missouri, Illinois, and Arkansas. He died 
in 1838. 

Judge Lucas. — Besides the governors certain other 
officers of the territorial period deserve notice. J. B. C. 
Lucas was one of the first judges of Louisiana territory. 
He was born in France, was a university graduate, and 
was a trained lawyer in his own country. In 1784 he 
came to America and settled on the frontier in western 
Pennsylvania. Here he became a leader, and was 
later elected a member of Congress. His legal train¬ 
ing, French blood, and his life on the frontier seemed 
to make him just the man for judge in the new terri¬ 
tory. But he was a man of very decided opinions and 
likes and dislikes, which made him many enemies. 
He was one of the leaders in territorial politics, and 
state politics later. 

Secretary Bates. — Frederic Bates, secretary of the 
territory from 1806 to 1820, was, like Clark, a native of 
Virginia. He went west when a very young man. He 
had been a merchant at Detroit and a judge in Michigan 
territory before he came to St. Louis as secretary of 
Missouri territory. Bates filled the office with great 
ability. At the same time he was commissioner to 
examine land titles, and acted as governor in the 
intervals between appointments. After Missouri was 


GOVERNMENT AND GOVERNORS, 1804 TO 1820 47 

admitted to the Union he was elected governor, in 1824, 
but died in office the following year. 

Delegates to Congress. — Missouri’s first delegate 
to the national Congress, 1812-1814, was Edward 
Hempstead, a lawyer and a native of Connecticut. 
After the Purchase he rode on horseback to Vincennes, 
and walked from Vincennes to St. Louis. He had been 
attorney-general of Louisiana territory before he was 
elected as delegate to Congress in 1812. Although 
he persuaded Congress to pass a more liberal law as 
to land titles, and was everywhere liked at home, he re¬ 
fused to be a candidate for reelection. He died in 1817. 
Hempstead county, Arkansas, was named in his honor. 

The second delegate, 1814-1816, Rufus Easton, was 
also a lawyer and a native of Connecticut. He had 
been one of the first judges in 1805, and also the first 
postmaster at St. Louis. From the first he made many 
bitter enemies, and was beaten for a second term after 
a hard campaign and a contested election. 

The third and last of the delegates, 1816-1820, was 
John Scott of Ste. Genevieve. Scott, a native of 
Virginia and a graduate of Princeton, had been a 
successful lawyer, and became the most influential 
leader in southeast Missouri. His career after the 
admission to the Union we shall consider later. 

Notice that these leaders of the territorial period 
were drawn from all sections of the country. As soon 
as the United States established its government in the 
Louisiana Purchase, many young men, often well edu¬ 
cated and brought up in the seacoast section, sought 


48 


A HISTORY OF MISSOURI 


their fortune in the new country. The disputes and 
lawsuits over land titles attracted many lawyers both 
to St. Louis and to New Orleans. After 1820 the great 
majority of the leaders, as of the population, were na¬ 
tives of Kentucky, Virginia, or Tennessee. 

Problem 

How and by whom was Missouri governed, 1804 to 1820 ? 

Questions 

Why did not Napoleon take possession of Louisiana? When 
was St. Louis under three flags the same day? How? 

What powers had Captain Stoddard ? What were the boundaries 
of the district of Louisiana ? What was its government ? Who was 
its governor ? Why did Congress pass such strict laws about land 
grants? What did the people of the district ask of Congress? 
What did Congress do for them ? Who were the officers of the ter¬ 
ritory of Louisiana ? 

Why was the name changed to Missouri? What change was 
made at the same time in the government ? How was the house of 
representatives chosen ? the legislative council ? What is a terri¬ 
torial delegate ? What powers had the delegates of Missouri terri¬ 
tory ? What was the last change (in 1816) in the government of 
Missouri territory ? How long were the people satisfied ? What did 
they want next ? 

What is meant by local government ? What were the first coun¬ 
ties created ? Why were new counties created ? 

Who was the first governor of Louisiana territory ? What kind 
of man was he ? What do you know of his earlier life ? his life 
after he left Missouri ? 

Who was the second governor of Louisiana territory ? For what 
is he best known? Was he successful as governor? What became 
of him ? 

Who was the third governor of Louisiana territory? What 
changes took place in his term of office ? What became of him ? 

Who was the last of the territorial governors? What can you 
tell about him? 


CHAPTER VI 


NEW SETTLEMENTS AND INDIAN TROUBLES 
1804 TO 1821 

New Settlements, 1804 to 1812 . — We have seen that 
the Americans were crossing the Mississippi in large 
numbers while Missouri was still Spanish territory, so 
that in 1804 perhaps three fifths of the ten thousand 
people in Missouri were Americans. Naturally they 
came in much greater numbers after the Purchase; in 
fact, the population in 1810 was more than twice that of 
1804. Still there was no very great extension of settle¬ 
ment until after the War of 1812. The newcomers 
settled in the old districts or pushed out only a few 
miles. Until 1815 the danger of Indian attacks dis¬ 
couraged the opening up of new sections, and there 
was still plenty of good land on or near the Mississippi. 

But individual pioneers were pushing out alone into 
the wilderness and preparing the way for later settle¬ 
ments. Some of these brave and adventurous men 
followed the Missouri river westward, others built 
their lonely cabins along the Mississippi north of St. 
Charles. Thus by 1810 there was quite a beginning 
of settlement on Loutre Island, opposite the mouth of 
the Gasconade, and a few French trappers at the mouth 
of the Osage. Loutre Island was long since swept away 
by the Missouri. The St. Charles settlements had 
49 


50 


A HISTORY OF MISSOURI 


expanded to the Cuivre river in the present Lincoln 
county, and a few hunters might be found along the 
Mississippi as far north as Hannibal. But the most 
daring attempt to extend the frontier before 1812 was 
the expedition of Benjamin Cooper to the Boone’s 
Lick country. 

Boone’s Lick Country. — This name, Boone’s Lick, 
came to describe rather loosely the district in the center 
of the state, east and west of Howard county, on both 
sides of the Missouri. The name was given to the 
district because two sons of Daniel Boone made salt 
here in the present Howard county at a salt spring, or 
“ lick,” and brought back news of the fertile soil. 
The bottom lands were broad and fertile, the country 
back from the river was rolling and well wooded. In 
fact, it was the first district west of St. Louis county, 
as the pioneer went up the river, that was thoroughly 
desirable for agricultural settlement. 

Here Benjamin Cooper started to settle in 1808, 
but Governor Lewis ordered him to return below the 
mouth of the Gasconade, because Indian titles were 
not yet extinguished in the Boone’s Lick country. 
Cooper returned to Loutre Island, but two years later 
led a considerable number of settlers to the present 
Howard county. Before the War of 1812 several 
hundred Americans had joined him. The centers of 
settlement were Franklin and, just across the river, at 
Boonville, although neither town was laid out until 
later. The Indians naturally did not like this invasion, 
and during the War of 1812 became so troublesome 


NEW SETTLEMENTS, 1S04 TO 1821 


51 


that settlement was checked and some settlers went 
back down the river. 

Missouri in War of 1812. — The most serious In¬ 
dian troubles were along the Mississippi. As early 
as 1810 and 1811 there were several attacks in this 
district, and a horse-stealing raid on Loutre Island. 
After the United States declared war on Great Britain 
in 1812, the Indians east of the Mississippi joined the 
British. They were a very serious danger to the scat¬ 
tered Mississippi river settlers. Fortunately the In¬ 
dians in Missouri did not join their brothers in a united 
attack on the whites, or the frontier settlements would 
have been wiped out. Governor Clark ordered out the 
Missouri militia, and General Howard led fourteen 
hundred men up the Mississippi into Illinois. He was 
not able to corner the Indians and force a battle, but 
by burning several villages and destroying the stores 
of corn he prevented any serious invasion of Missouri. 

Forts. — For the most part the Indians of Missouri 
contented themselves with plundering cabins and driv¬ 
ing off stock. Sometimes they attacked isolated set¬ 
tlers. The Indians fought in small roving bands against 
which the militia could not very well be used, so the 
burden of the defense fell on the settlers themselves. 
Their method was the same as that adopted by the 
earliest pioneers at Jamestown and Plymouth and later 
used in Kentucky and Tennessee. They built “ forts, ” 
as they called them, as places of refuge. In a small 
community of a few settlers the “ fort ” was simply 
a strongly built log cabin, with a projecting upper 


52 


A HISTORY OF MISSOURI 


story and loopholes for the muskets and rifles of the 
defenders. In a few cases where the settlements were 
more compact and many settlers sought refuge to¬ 
gether, the “ fort ” was a stockade inclosing several 
cabins and a sort of corral for the stock. When the 
news came that the Indians were at hand, the pioneers 
fled with their families to the nearest fort. Usually 
the Indians rounded up the horses and plundered the 
deserted cabins and went on ; sometimes they attacked 
the forts, but were in most cases repulsed without 
great difficulty. 

There were small forts near the present Hannibal 
and St. Charles, a considerable number in the present 
Lincoln and St. Charles counties, and another group 
in Howard and Cole. 

The whites who were killed either did not have time 
to reach a fort, or, in more cases, they were pursuing the 
Indians too far and too rashly in their attempts to 
recover stolen stock and property. Both Cooper and 
Callaway counties were named from pioneers, Sarshall 
Cooper and James Callaway, who fell victims to the 
Indians. 

Sarshall Cooper. — Captain Sarshall Cooper was a 
nephew of Benjamin Cooper, and lived with him at 
Cooper’s Fort, near the present town of Glasgow. This 
was the largest fort in the settlement, and some of 
the settlers lived in it. One dark and stormy night 
a single Indian crept up to the fort, to the outside of 
Cooper’s cabin. It was so dark that the men on guard 
did not see him. Inside the cabin Cooper was playing 


INDIAN TROUBLES, 1804 TO 1821 53 

with his children, and his wife was sewing beside him. 
The Indian quietly picked out the clay between two 
logs of the wall of the cabin until he made a hole clear 
through. Then he pushed the muzzle of his gun 
through the hole and shot Cooper dead. 

James Callaway. — Captain James Callaway was 
a grandson of Daniel Boone, and lived in the Boone 
settlement near the western line of St. Charles county. 
When a band of Indians drove off the horses from 
Loutre Island, Callaway pursued them with a force of 
whites. They followed so fast that the Indians left 
the horses behind. But the Indians turned about and 
surprised Callaway and his men as they were return¬ 
ing. He fought bravely, but was mortally wounded. 
Rather than let the Indians get his scalp he threw 
himself into Loutre creek and was shot again and 
killed. He had been warned that the Indians were 
leading him into a trap, but he felt sure he could avoid 
them. 

The Indian raids became so serious in the Boone’s 
Lick country that in 1814 General Dodge led a militia 
expedition there and captured a band of Indians in 
I the present Saline county. The raids went on, both on 
the Missouri and on the Mississippi, until 1815. Not 
many whites were killed, — in all perhaps between fifty 
and one hundred, — but immigration almost stopped, 
and the settlers had a hard time to make a living. The 
loss of their horses was a very serious matter; whole 
communities had to rely on oxen for plowing and farm 
work for some years. 

HIST. MO. - 4 


54 


A HISTORY OF MISSOURI 


New Settlements after 1815 . — After peace was made 
with Great Britain in 1815, the Indian troubles ended 
and the settlers came in by thousands. This was true 
all through the West. The unsettled conditions of the 
East caused by the war dro\ e thousands into the West 
and Southwest, and Missouri had her share of the new¬ 
comers. Kentucky and Tennessee by this time had 
outgrown the first period of settlement; good land was 
becoming valuable there. It was no longer possible 
for the children to take up farms near the old people 
and thus keep the families together, so the people 
from these states came in great numbers, searching 
for cheaper land and more room. They came to the 
new districts along the Mississippi, and in greater 
numbers to the Boone’s Lick country. The Boone’s 
Lick road was laid out from St. Charles to Franklin, 
and was followed by hundreds of families. Another 
road, from Potosi in Washington county, served the 
immigrants who crossed the Mississippi farther south. 

It is impossible for us to follow the settlement in 
detail, but by 1820 it had extended as far west as La¬ 
fayette and Ray counties. There were over twenty 
thousand people in this central section, nearly a third 
of the sixty-six thousand people of the whole territory, 
and all but a few hundred had come since 1815. The 
growth of the Mississippi river settlements in Lincoln 
and Pike counties was only less surprising. The pop¬ 
ulation here, including the older settlements in St. 
Charles, was nearly ten thousand ; nearly half the popu¬ 
lation of the whole territory was to be found in these 


NEW SETTLEMENTS, 1804 TO 1821 


55 


two sections, settled for the most part in the last five 
years. In the southeast the Ozarks were a barrier 
to development, but the river bottoms were taken 
up and the frontier pushed back some fifty miles from 
the Mississippi. There were even a few settlers in the 
extreme southwest, near the present town of Spring- 
field, adventurous pioneers who had followed up the 
White river from Arkansas. 

New Madrid Earthquake. — Only one district in 
Missouri was falling behind. This was New Madrid. 
The country was too swampy to attract the farmers. 
When the game was killed off the Indians moved back 
and the Indian trade decreased. Then came the earth¬ 
quake of 1811, which for a time nearly ruined the sec¬ 
tion. It is impossible to say just how much actual 
damage was done, but the earthquake itself was a 
frightful thing. For some months after the first shock 
there were smaller disturbances. The people were 
already dissatisfied and not prosperous, and this was 
the finishing touch. Hundreds of them moved. Con¬ 
gress permitted any one whose land was damaged by 
the earthquake to take up the same amount of govern¬ 
ment land anywhere else. The speculators made more 
out of this than the sufferers, for the speculators bought 
the ruined farms for little and then took up as much 
land wherever they wished. Many of these New 
Madrid claims were located in the Boone’s Lick coun¬ 
try, and some even around Chicago. 

New Counties. — As new sections were settled there 
came a demand for new counties, for travel was diffi- 


56 


A HISTORY OF MISSOURI 


cult and the people wanted their local government 
within easy reach. One of the easiest ways to under¬ 
stand the spread of settlement is to note when the 
various counties were organized. Starting out with 
the original five in 1812, the territorial legislature at 
once created Washington county to include the old 
American settlements in the lead country, around 
Potosi. Then in 1816 the Boone’s Lick country was 
organized as Howard county, including all the territory 
north of the Osage river. Eight more counties were 
organized in 1818, and ten in 1820. There was now a 
double tier along the Mississippi south of the Missouri, 
another tier north of St. Charles, and a tier either side 
of the Missouri as far west as Ray and Saline (map, 
page 68). Most of these counties were much larger 
than they are to-day, and the settlements in them were 
for the most part near the rivers, but the map had 
changed very much since 1804. 

Problem 

The American newcomers; where and how they settled. 

Questions 

About how many people were there in Upper Louisiana in 1804 ? 
in 1810? Where did the newcomers settle? Why? What begin¬ 
nings of new settlements were made before 1812 on the Missouri ? 
on the Mississippi? 

What is meant by the Boone’s Lick country ? How did it get its 
name ? Why was it attractive to the settler ? Who was the first 
pioneer here ? What trouble did he have in making a settlement ? 

Why did the Indians attack the whites? What was the great 
danger to Missouri in the War of 1812 ? How did Governor Clark 
and General Howard ward it off? What sort of attacks did the 


NEW SETTLEMENTS, 1804 TO 1821 


57 


Indians make? How did the settlers defend themselves? De¬ 
scribe the forts. How were some of the whites killed ? Why do we 
remember two of these ? 

Why did so many people come to Missouri after 1815? Where 
did they come from ? Where did they settle in Missouri ? Why ? 
(See maps on pages 17 and 19.) How many people were there in 
Missouri in 1820 ? About how many of these had come since 1815 ? 

What part of Missouri had not prospered ? Why ? What help 
did Congress give ? How was it used ? 

How many counties were there in 1821 ? (See map, page 68.) 
What do the counties tell you about where the people lived ? 


CHAPTER VII 


THE NEW HABITS AND NEW ENTERPRISES 

American Enterprise. — The great immigration of 
Americans had changed the life and habits of the people. 
In the old French villages of Ste. Genevieve and New 
Madrid the comfortable, easy-going French way of 
living went on. Everywhere else there were the eager, 
energetic American ways of doing things. In St. 
Louis the two peoples mingled, but the French mer¬ 
chants were as enterprising as the Americans. But, 
except in St. Louis, the French figured less and less in 
the history of Missouri. The Americans were better 
farmers and stock raisers than the French had been. 
They brought better machinery and methods into 
the lead district, and increased the output. Missouri 
had become a bustling, industrious, western country. 

Most of the Americans were farmers seeking cheap 
lands. All their strength and energy was needed to 
clear their farms, build their houses, and get a start 
in the world. After the Indian troubles were over, 
life became a little easier for them. Roads were opened, 
and the different settlements tied together. Saw and 
grist mills were built, so that the pioneer no longer had 
to saw out his lumber by hand or pound his corn in a 
mortar. Many of the newcomers after 1815 had been 
58 


NEW HABITS AND NEW ENTERPRISES 59 

prosperous farmers in Kentucky or Tennessee. They 
brought stock, furniture, and slaves with them, and 
lived comfortably from the very first. By 1820 Mis¬ 
souri was raising more foodstuffs than she needed. 
Flatboats loaded with her corn and wheat were float¬ 
ing down the Missouri and Mississippi to New Orleans. 

Turbulent Element. — Some of the Americans were 
almost too energetic. Missouri was the most western 
section of the United States, the farthest outpost of 
settlement. Naturally it attracted the wild and ad¬ 
venturous young men of the whole country. So we 
find for a few years a very small but very noisy class 
of turbulent and rather lawless men. The lead miners 
and the river men especially were famous for their 
wild sprees and brutal fights. Both of these classes 
were wanderers, without fixed homes, and both worked 
hard in dangerous trades. We see much the same 
condition in the lumbermen in the northern forests 
to-day. 

Dueling. — On the whole the frequent duels among 
the educated and professional men were a much more 
serious matter than the brutal fist fights among the 
ignorant boatmen. No man could hope to get on and 
succeed as a doctor, lawyer, or political leader unless 
he was willing to meet his rivals on “ the field of honor.” 
A refusal to accept a challenge would ruin his career. 
The list of men who took part in duels in the early days, 
either as principals or seconds, includes a surprising 
number of the leaders of public opinion, and even of 
officials. 


60 


A HISTORY OF MISSOURI 


The best known of these encounters was the duel 
between Thomas Hart Benton and Charles Lucas, son 
of Judge Lucas. The two young lawyers were bitter 
professional and political rivals. The cause of the 
duel would seem trivial to-day. At the first meeting 
Lucas was wounded. An attempt was made to end 
the quarrel, but their friends talked so much that 
this was impossible. Benton then insisted on another 
meeting, and Lucas was killed. Lucas’s friends always 
insisted that Benton forced the quarrel throughout in 
order to get rid of a dangerous rival. Benton himself 
would never discuss the affair, and never fought another 
duel. Still, after all, much of the fist fighting and duel¬ 
ing arose from the self-confidence and independence 
that have always been so valuable and attractive in 
the men of the West. 

Churches. — On the other side of the picture, the 
Purchase brought in the good influences of the church, 
the schools, and the newspapers. Under the Spanish, 
Protestant ministers and circuit riders occasionally 
crossed the Mississippi to minister to the Americans, 
but very quietly, as public worship was forbidden. 
In the territorial period all the important Protestant 
churches were organized. In the purely American 
district of Cape Girardeau the first Baptist church 
was organized in 1806. Ten years later the Baptist 
board sent Rev. John Mason Peck, who organized 
churches throughout the territory. In the same year 
Rev. Timothy Flint began the same work for the Pres¬ 
byterians. The Methodists were active even earlier; 


NEW HABITS AND NEW ENTERPRISES 


61 


by 1820 a beginning had been made by the Congrega- 
tionalists and the Episcopalians. The early ministers 
lived lives of hardship and self-sacrifice; their pay was 
small and their congregations scattered. Most of the 
roads were little more than bridle paths, and settle¬ 
ments were often more than a day’s journey apart. 
The later generations in the state owed much to these 
early ministers. 

Schools. — Even before the Purchase there were 
private schools in the French villages, and after 1804 
American private schools were started in most of the 
centers of settlement. Before 1820 provision had been 
made by law for a public school system in St. Louis. 
These schools were very elementary, but most of the 
children in the better-settled parts had a chance to 
learn reading and writing and the elements of arith¬ 
metic. 

Newspapers. — Another evidence of progress of a 
different sort was supplied by the newspapers. The 
earliest in the territory was the Gazette , established in 
St. Louis in 1808. After various changes in name it 
became the St. Louis Republic of to-day, one of the few 
papers in the United States with an unbroken career 
of over one hundred years. The Missouri Intelligencer 
was published in Franklin in 1819, and it too survives 
as the Statesman of Columbia. By 1820 papers were 
published also in Jackson, Cape Girardeau county, and 
in St. Charles. Even in the Gazette the eastern news 
was never less than a week old, and in winter, when the 
bad roads delayed the mails, often a month. European 


62 


A HISTORY OF MISSOURI 


news hardly ever reached St. Louis in less than two or 
three months. 

Lewis and Clark. — Under the Americans Missouri 
was beginning to take advantage of its position on the 
great rivers of the valley, particularly in opening up the 
trade with the Far West. When the United States 
bought Louisiana not even the government knew much 
about what it had bought. Jefferson was chiefly 
interested in settling the Mississippi question. But 
just after Stoddard took possession at St. Louis, Lewis 
and Clark started from the mouth of the Missouri to 
explore the Purchase. 

In May, 1804, the expedition of forty-five men in three 
boats started up the river. The voyage against the 
current was slow and wearisome, and winter overtook 
them in what is now North Dakota. Next spring they 
followed the Missouri to its headwaters, crossed the 
mountains with difficulty and hardship, and finally 
reached the Columbia and the Pacific. Near the mouth 
of the Columbia they built a fort and passed the second 
winter. The return trip was much easier and quicker 
after the Missouri was regained and the current helped 
them on their way. Lewis and Clark reached St. 
Louis in September, 1806, after an absence of over 
two years. They lost only two white men, one a de¬ 
serter and the other a victim of disease. This expedi¬ 
tion was almost unparalleled in extent and successful 
management in the history of American exploration. 

Pike. — While Lewis and Clark were on the Missouri, 
another army officer, Zebulon M. Pike, in 1805 set out 


NEW HABITS AND NEW ENTERPRISES 63 

from St. Louis for the headwaters of the Mississippi. 
After his return he led a second expedition in 1806 
up the Missouri and the Osage, and after a land jour¬ 
ney, up the Arkansas to the Rocky mountains and 
Pikes Peak. He was less fortunate than Lewis and 
Clark, for after losing several men in the mountains 
and finally reaching the Rio Grande, he and his men 
were rescued by the Spanish, and were detained for 
a time in Mexico before they got back to the United 
States. 

Fur Trade. — These expeditions revealed to the St. 
Louis merchant the possibilities of the fur trade on the 
two rivers, and of the overland trade with Santa Fe 
and the Spanish settlements. In the Spanish period 
the fur trade was chiefly with Indians on the Osage, 
Gasconade, and lower Missouri. The constant hunting 
killed off the fur-bearing animals, and furs were be¬ 
coming scarce. Lewis and Clark brought back reports 
of an almost unlimited supply on the headwaters of 
the Missouri, and fired the ambitions of the St. Louis 
merchants. Manuel Lisa, the most restless and enter¬ 
prising of them, led a successful expedition in 1807-1808 
well up the Yellowstone, and on his return organized 
a fur company. Lisa himself was constantly on the 
river, making twelve trips to the headwaters in thir¬ 
teen years. Clashes with the Indians were frequent, 
but in spite of dangers and losses the trade was very 
profitable. 

The field was so tempting that the great New York 
fur merchant, John Jacob Astor, tried to develop it. 


64 


A HISTORY OF MISSOURI 


He planned a trading post at the mouth of the Columbia, 
and an export trade to China and the Orient. He sent 
one expedition up the Missouri, and a ship around the 
Horn to the Columbia. His fort, Astoria, was seized 
by the British Northwest Company; still the way to 
Oregon had been pointed out. 

Sante Fe. — After Pike’s southwest expedition the 
Chouteaus and other St. Louis merchants tried several 
times to open up an overland trade with Santa Fe, but 
the Spanish arrested their agents and forbade the trade. 
St. Louis was establishing herself as the gateway to the 
West and Southwest. 

St. Louis. — Every extension of settlement, as well 
as every extension of trade, increased the prosperity 
of St. Louis, the commercial center of the territory. 
As yet the French merchants were the chief gainers, 
for they were already in the field, and the great 
increase in land values gave them capital. The resi¬ 
dence of the governor and the fixing of the seat of gov¬ 
ernment there also helped the town and attracted there 
many American lawyers. Although the town increased 
in population from 1000 to over 5000 in the territorial 
period, it did not lose altogether its French character. 
The old families were still prominent in business and 
society, the newspaper advertisements were often 
printed in French as well as English, and on the street 
one language was heard about as often as the other. 
St. Louis now became one of the important cities of 
the Mississippi valley, and with its school system, news¬ 
papers, and fire engines was a bustling western town. 


NEW HABITS AND NEW ENTERPRISES 65 

Franklin. — After St. Louis, Franklin, in Howard 
county, opposite Boonville, was the most important 
town. Franklin was at the western end of the Boone's 
Lick road, and was the headquarters of trade for the 
rapidly growing American settlements. It was also 
the outfitting place for many of the fur traders. In 
1820 it contained a population of nearly 1000, but ten 
years later had completely disappeared, washed away 
by the river. Boonville, just across the Missouri, 
shared in Franklin's prosperity. Smaller towns were 
growing up at the county seats of other counties. 
The later and more prosperous immigrants did not 
share Boone's dislike of town life. At this time, 
however, St. Louis was the only town of any con¬ 
siderable size, and all but a few of the people were 
farmers. 

Steamboats. — One of the most important aids in 
the development of Missouri and of the whole West 
was the coming of the steamboats. From the first 
the great rivers had answered fairly well as highways 
out of the country. /The clumsy flatboats with their 
heavy freights floated down with the current and 
finally reached a market. But until the steamboats 
came it was not possible to bring much back up the 
rivers. Indeed, the flatboats were usually sold for 
lumber at New Orleans, and the crew came back by land. 
It was even easier to sail around the coast to Baltimore 
and come back overland to the Ohio than it was to force 
the heavy boats up the Mississippi. The steamboats 
changed all this and made the rivers highways into the 


66 


A HISTORY OF MISSOURI 


country as well as out of it. The first steamboat in the 
West was launched at Pittsburgh, in 1811; the first 
steamboat reached St. Louis in 1816, and Franklin 
in 1819. 


Problem 

What changes and developments did the Americans bring about 
to 1820? 


Questions 

Where did the old French life survive? Where did the French 
join in the new American development? How did the Americans 
surpass the French ? How did life become easier for the farmers ? 
What new class of farmers came after 1815? What shows that the 
farmers were prosperous ? 

What were the least desirable classes among the Americans ? In 
what way? How do you explain the situation? What is said 
about dueling? What was the most famous duel in early days? 
Tell what you know about it. 

Why were there no Protestant churches in Upper Louisiana be¬ 
fore the Purchase? What was the first one organized? Where? 
What other churches were organized? What can you say of the 
early ministers? What can you say of the schools? What was 
the first newspaper ? What is its name now ? 

What was the purpose of the Lewis and Clark expedition ? How 
large was it? Describe their journey. How long were they gone? 
What do you think of their management ? Who was Pike ? Where 
did he make his first expedition ? his second ? What misfortunes 
had he ? What memorial has he on the map ? 

What effect had these expeditions on Missouri history? Why 
did the St. Louis merchants want new sources of supplies for furs ? 
Who was the most prominent of the fur traders? What is said 
about him? Who was J. J. Astor? What were his plans? Why 
did he fail ? What trade did Pike's second expedition call attention 
to ? Why was it not opened up ? 


NEW HABITS AND NEW ENTERPRISES 67 


Why did St. Louis grow and prosper ? How did the French mer¬ 
chants here have an advantage? How much French influence 
survived here? What made Franklin a thriving town? What 
became of it ? 

Why were the steamboats so important in western history? 
When did the first one reach St. Louis ? Franklin ? 



68 

































































































CHAPTER VIII 


THE FIRST MISSOURI COMPROMISE 

Missouri Applies for Statehood. — As soon as the 
rush of settlers after 1815 was well under way, the 
Missourians began to talk about forming a state govern¬ 
ment and entering the Union. They were not satis¬ 
fied with an inferior, territorial government, and they 
objected in particular to the governor and judges 
appointed from Washington, and local officers ap¬ 
pointed by the governor. So as early as 1816 a peti¬ 
tion for statehood was passing about, and in 1818 at 
least one petition was sent to Congress. Then in 
November of the same year the legislature at St. Louis 
drew up a formal memorial to Congress, asking for 
admission to the Union as a state. 

The only discussion seems to have been about the 
proper boundaries for the new state. Some favored 
a narrow state, stretching far to the westward, with 
the Missouri river as a northern boundary; others 
a state of wide extent from north to south with the 
Missouri as the central artery. The legislature adopted 
the second plan. The boundaries asked for included, 
besides the area finally fixed on by Congress, north¬ 
eastern Arkansas as far as the White river, a strip of 
eastern Kansas, and a considerable part of southern 
Iowa. This would make Missouri larger than any 
69 


70 


A HISTORY OF MISSOURI 


state in the Union and might be opposed in Congress 
for that reason. In population, wealth, and general 
development Missouri was quite the equal of Indiana, 
Mississippi, or Illinois, admitted to the Union in the 
last three years, so the Missourians expected admission 
without delay. 

The First Sectional Contest. — As a matter of fact, 
^the memorial to Congress brought on the first great 
slavery debate in our history, and Missouri waited 
more than two years for statehood. This debate so 
divided the country on sectional lines as to threaten 
the very life of the Union. This contest was almost as 
surprising to the country as to Missouri. Jefferson 
said it was “ like a fire-bell in the night,” it was so 
sudden and unexpected. To-day we can see the rea¬ 
sons for it more clearly. North and South had been 
growing and changing along such different lines that 
the clash had to come. This growing apart arose in 
part from slavery and in part from differences in climate 
and products. 

Early Opinion on Slavery. — At the date of the Dec¬ 
laration of Independence slavery existed in all the 
fetates and was condemned by the leaders and prob¬ 
ably by the majority of the people in all of them except 
South Carolina. In the states north of Mason and 
Dixon’s line there were only a few slaves, and slavery 
was unprofitable, so these states set about abolishing 
slavery at once. By 1800 plans for immediate or 
gradual abolition had been adopted in all but one. But 
in the South it was not such a simple matter. In the 


THE FIRST MISSOURI COMPROMISE 


71 


first place there were a very large number of slaves, 
worth a large amount of money. Then, too, the South 
was hopeless of finding any way of getting rid of the 
negroes after they were set free, or of finding any place 
for them. So the North, having gotten rid of slavery, 
was more than ever convinced that it was an evil, while 
the South saw little chance of ever getting rid of it. 

The Cotton Gin. — Then came the invention of the 
cotton gin by Eli Whitney, which made cotton an 
extremely profitable crop. This new staple made 
slavery much more profitable, for it was a new 
crop to add to the older staples of tobacco and rice. 
Then cotton, unlike the older crops, was not confined 
to the Tidewater or one kind of soil, but could be raised 
all through the Gulf plains and the Piedmont. It 
was cotton that carried slavery into the new states 
in the Southwest and into new sections in the older 
states. The price of slaves rose steadily and the South 
was very prosperous. So the section was settling down 
to the belief that slavery might be an evil in theory, 
but that it could not be gotten rid of, and was neces¬ 
sary to the South. 

The Sections and Politics. — Slavery was not the 
only influence drawing the sections apart. New Eng¬ 
land and the middle states, always the commercial 
states, were now turning to manufacturing and begin¬ 
ning to demand a protective tariff. The South, because 
of slavery, could not expect to become anything but 
an agricultural section. It believed the protective 
tariff would injure the section without helping it any. 

HIST. MO.- 5 


72 


A HISTORY OF MISSOURI 


Sooner or later the different views and interests of the 
two sections must lead to sectional division in politics, 
because Congress could by its legislation further the 
interests of one or the other. So neither section was 
willing to be left in the minority in Congress. The 
North was steadily outgrowing the South in popula¬ 
tion and so had control of the house of representatives, 
but the South could hold its own in the senate as long 
as the slave states equaled the free states in number. 
Up to 1820 new states had been admitted in pairs, and 
the balance in the senate had been maintained. 

Missouri Forces the Issue. — By 1820 all these 
influences had become so strong that the time was 
ripe for a dangerous sectional contest. But the 
changes had come gradually, and the people north and 
south did not realize how far apart they had grown. 
Missouri’s application for admission to the Union was 
the spark that kindled the flame, and this was the first 
time when the application of a new state could raise the 
slavery issue. Vermont, Kentucky, and Tennessee 
were admitted before the earlier agreement of the two 
sections against slavery had disappeared. In the other 
states it was clear before their admission whether they 
would be slave or free. The Ordinance of 1787 for¬ 
bade slavery in Ohio, Illinois, and Indiana, while 
Louisiana and Mississippi were so far to the southward 
that the North could not question their admission as 
slave states. 

f 1 But in the case of Missouri it was not by any means 
clear whether it belonged north or south. On the one 


THE FIRST MISSOURI COMPROMISE 


73 


hand the majority of the settlers came from slave states 
and slavery already existed in the territory. On the 
other hand most of the proposed state bordered on the 
free state of Illinois and was north of the mouth of the 
Ohio river, the boundary between free and slave states. 
If slavery was permitted in the new state, how could 
it be forbidden by law anywhere in the northern part 
of the Louisiana Purchase? But if Missouri were to 
be a free state, how could the balance of the sections 
in the senate be preserved? These conditions gave the 
North its first chance to attack the extension of slav¬ 
ery. 

First Missouri Debate. — Missouri’s memorial to 
the house of representatives asking for admission to 
the Union was referred to a committee of which John 
Scott, Missouri’s delegate, was chairman. Of course 
he reported in favor of it. The contest began when 
Tallmadge of New York, on February 13, 1819, pro¬ 
posed that no more slaves should be brought into 
Missouri, and that all slave children were to be free 
when they were twenty-five years of age. That is, 
he proposed that slavery be gradually abolished in the 
new state. This proposal the house with its northern 
majority adopted, but the senate rejected it by a close 
vote. Both sides expected that Missouri would be¬ 
come a state, for the two houses agreed in organizing 
the territory of Arkansas without any restriction as 
to slavery. But there was not time for the two houses 
of Congress to come to any agreement as to Missouri 
before Congress adjourned. 


74 


A HISTORY OF MISSOURI 


Southern Arguments. — This first Missouri debate 
was very short, less than a month, yet all the impor¬ 
tant arguments in the whole struggle were brought 
forward. The South opposed the restriction of slav¬ 
ery in Missouri for two general reasons, because 
it was unconstitutional and because it was unfair. 
The South claimed that Congress had no power to 
place any conditions on the admission of a state; that 
Missouri, if admitted to the Union at all, must come in 
without any restrictions. The South argued also that 
it was better for the whites and necessary for the 
negroes to spread slavery over a large territory, to 
“ dilute ” it. In this way the proportion of slaves 
in the population of any one section would not become 
too large. Again, southerners would really be barred out 
of Missouri if they could not take their slaves with them. 

Northern Arguments. — The North denied these 
arguments. As to slavery, the North was convinced 
that it was an evil and ought to be confined as closely 
as possible to the unfortunate states where it already 
existed. The northern arguments against slavery at 
this time dealt with its wastefulness and its bad effects 
on the whites, on the economic and social evils. The 
violent attack of the abolitionists on slavery as a great 
moral wrong to the negro, as a sin, belongs to a later 
period. The North claimed that Congress had placed 
certain conditions on the admission of the earlier states 
and could place conditions on Missouri. 

If this question should arise to-day the whole country 
would accept the northern arguments, but it is not so 


THE FIRST MISSOURI COMPROMISE 75 

clear which had the stronger case in 1819, unless it 
was certain'then that slavery was going to be de¬ 
stroyed. You must remember that back of all these 
arguments about the Constitution and the powers of 
Congress and about slavery, was the question whether 
the two senators from Missouri were to come from a 
free or a slave state; that is, as to which section should 
control the United States senate. 

Second Debate. — After Congress adjourned in 
March, the contest was transferred to the people. 
All through the year 1819 the North and the South, 
through resolutions of the state legislatures, mass 
meetings, and the newspapers, were urging more and 
more warmly their arguments and claims. When 
Congress met again in December the Missouri ques¬ 
tion overshadowed everything else. Maine now ap¬ 
plied for admission as a free state, which made the 
South even more determined that Missouri should be 
slave. Otherwise there would be four new free-state 
senators, and the balance of sections in the senate 
would be hopelessly destroyed. At the same time the 
most moderate people in the North did not feel quite 
so strongly about Missouri if Maine was to come in 
at the same time. 

The division in Congress was the same as in the first 
debate. The house insisted that slavery be restricted 
in Missouri, and the senate demanded that Missouri 
be admitted without any such restriction. No im¬ 
portant new arguments were brought forward, but the 
excitement and hostility grew until threats of secession 


76 


A HISTORY OF MISSOURI 


were openly made and the possibility of disunion openly 
discussed. We cannot follow out the different ways 
in which the house and senate each tried to have its 
way, but in the end they were forced to compromise. 

First Missouri Compromise. — This first Missouri 
Compromise provided for a geographical line between 
free and slave sections in the Louisiana Purchase. 
Just as Mason and Dixon’s line and the Ohio river 
formed such a boundary east of the Mississippi, so the 
north and west boundaries of Missouri, and an exten¬ 
sion of her southern boundary, were to be the line of 
division to the west of the river. North of this line 
slavery was to be forever forbidden. In return for this 
concession on the part of the South, Missouri itself 
was to form her state constitution without any restric¬ 
tions as to slavery. To balance this new slave state 
Maine was admitted, and the two sections were kept 
even in the senate. The boundaries of Missouri were 
fixed as they are to-day, except that the western bound¬ 
ary was run as a straight line north from the southwestern 
corner. This Missouri Compromise passed the house 
of representatives because a number of the more mod¬ 
erate northern members were not willing to push 
matters to an extreme and so voted for it. The com¬ 
promise did not end the sectional differences, but it 
did remove a very real danger to the Union and put 
off the final struggle for years. 

Problem 

How the First Missouri Compromise was brought about. 


THE FIRST MISSOURI COMPROMISE 


77 


Questions 

Why did Missouri wish to become a state ? How was application 
for statehood made ? What questions came up about boundaries ? 
What boundaries w r ere asked for? Why did Missouri expect ad¬ 
mission to the Union without delay ? 

Why did Missouri have to wait so long for admission? What 
were the general causes of the growing apart of the North and the 
South? In what states did slavery exist in 1776? What was the 
general opinion about it? Why did the North get rid of slavery 
so easily ? Why was it so hard for the South ? 

What was the cotton gin ? How did it make cotton a profitable 
crop? How did cotton cause slavery to spread? How did the 
South look at slavery in 1820? What else divided the sections be¬ 
sides slavery? How did the sectional questions get into politics? 
What was the only way the South could hold its own in the national 
government ? 

Why did not the sectional contest come sooner ? Why not about 
states admitted before Missouri? In what ways might Missouri 
be considered as belonging to the South ? In what ways to the 
North? Why did it make so much difference which section won 
it? 

What was the Tallmadge amendment? What did it intend to 
bring about ? What action about it did the house of representatives 
take? the senate? What progress was made in this first debate? 
What arguments did the South urge against the restriction of slavery 
in Missouri? How did the North answer them? What kind of 
arguments were urged against slavery? What was the real ques¬ 
tion ? 

What was the new element in the contest in the second debate ? 
What effect had it? How was Congress divided? How did the 
contest end ? What were the terms of the first Missouri Compro¬ 
mise? What did the South gain? the North? What were the 
boundaries of the state of Missouri ? What was the importance of 
this compromise in United States history ? 


CHAPTER IX 


MISSOURI ADMITTED TO THE UNION 

Public Opinion in Missouri. — Meanwhile the people 
out in the territory of Missouri were becoming more 
and more excited and indignant at the delay. They 
were very angry that Congress should try to dictate 
to them about slavery. They believed, too, that they 
were ready for statehood and that Congress was in 
duty bound to admit them without delay. This 
frontier or western anger at outside interference was 
shared by almost every one in the territory. We find 
it expressed in resolutions of the grand juries of the 
counties of St. Louis, St. Charles, Washington, and 
Jefferson. All of these in 1819 denounced the pro¬ 
posed restriction on slavery as a grievance. Mass 
meetings were held in St. Louis and in other towns, 
and resolutions of the same sort were adopted. The 
Gazette , the leading newspaper, was filled with letters 
and articles of the same nature. In all we find a gen¬ 
eral agreement that Congress had no right to dictate 
to the people of the new state whether or no they should 
permit slavery. 

One very interesting suggestion was made more than 
once, and it would seem that it was made seriously. 
It was that Missouri had the right to form a constitution 
78 


MISSOURI ADMITTED TO THE UNION 79 

and become a state. Therefore, if Congress continued 
to refuse admission to the Union, the people of Missouri 
ought to take matters into their own hands and act 
without any authority from Congress. They were 
to go ahead anyway and set up a state government. 
When Congress finally adopted the compromise, Mis¬ 
souri was satisfied because it left her free to decide on 
slavery as she saw fit. 

Antislavery Sentiment. — It would be a great mis¬ 
take to suppose that all the people who were angered 
at the interference of Congress were in favor of slavery 
in Missouri. Many of them were strongly opposed 
to slavery. The editor of the Gazette was a strong 
antislavery man. Prominent men such as Judge Lucas 
hated the institution and wished that it could be abol¬ 
ished. Benton all his life disliked it. The grand jury 
of Jefferson county in their resolutions condemned 
slavery almost as strongly as they did the interference 
of Congress. The Gazette published many articles 
arguing it was better for Missouri to be a free state. 
These opponents to slavery objected to it because they 
believed that slave labor and plantations would lead 
to a class distinction and a slaveholding aristocracy, 
and drive out the mechanics and small farmers. 

This antislavery feeling could not make much head¬ 
way as long as Congress was threatening restriction. 
After the compromise was adopted, a mass meeting 
was held in St. Louis and antislavery candidates 
suggested for the state constitutional convention. But 
these antislavery men were soundly beaten in the elec- 


80 


A HISTORY OF MISSOURI 


tion. Not a single delegate elected to the convention 
was an antislavery man. 

The influential classes in the territory were all in 
favor of slavery. These classes were the wealthy 
French merchants and the old American families who 
came before the Purchase, and the leaders in the 
Boone’s Lick country and lawyers and officeholders 
about the governor at St. Louis. Only a few promi¬ 
nent men were against slavery, although a large num¬ 
ber of the people were. These people were not united 
and could not pull together. Many who disliked 
slavery voted with the other side because they were 
so angry at the action of Congress, or because they 
felt that to bar slavery out would turn settlers away 
from the state. 

Constitutional Convention. — The forty-one dele¬ 
gates to the constitutional convention were a remark¬ 
able body of men, drawn from the classes we have just 
been discussing. They included a Boone and a Chou¬ 
teau. The convention met at St. Louis in June, 1820, 
elected David Barton president, drew up and adopted 
a constitution for the state, and adjourned, all in a 
little over a month. The constitution was such an 
able and conservative frame of government that it 
served the state, with some amendments, to 1865. 
As one might expect, it was like the Kentucky con¬ 
stitution in many matters. It also took some pro¬ 
visions from the states recently formed, from Illinois, 
Indiana, Mississippi, and Alabama. 

The sections as to slavery and the negroes were par- 


MISSOURI ADMITTED TO THE UNION 81 

ticularly interesting. The legislature was forbidden to 
free slaves without the consent of the owners and with¬ 
out paying for them. It was also forbidden to prevent 
settlers bringing their slaves in with them. The legis¬ 
lature was permitted to pass laws protecting the slave 
from cruel or abusive treatment. It was required to 
pass laws keeping out all free negroes. 

The First Elections. — The Missouri Compromise 
was merely an enabling act, permitting the people of 
the territory to draw up a constitution and promising 
them admission; it did not actually admit Missouri 
as a state. The people, however, naturally supposed 
that Congress would accept the constitution and admit 
Missouri as a matter of course as soon as it met. So 
Missouri, as had been the custom of territories in sim¬ 
ilar circumstances, proceeded at once to organize a 
state government. In August, 1820, elections were 
held for governor, members of the state legislature, 
and representative in Congress. John Scott, the ter¬ 
ritorial delegate, had served his state bravely and well 
during the Compromise debates. No one ran against 
him, and he was elected Missouri’s first representative. 

William Clark, territorial governor since 1813, was 
candidate for governor under the new constitution, 
but was beaten by Alexander McNair. Clark had 
always been popular, but perhaps the people thought 
he had been in office long enough, and some one else 
deserved the place. Illness in his family compelled 
him to leave Missouri during the campaign, and this 
no doubt hurt his chances. William H. Ashley was 


82 


A HISTORY OF MISSOURI 


elected the first lieutenant governor. The first gen¬ 
eral assembly met at St. Louis in September. Governor 
McNair appointed the secretary of state and other 
administrative officers and the judges, and the new 
state government was in full working order. 

The First Senators. — One of the first duties of the 
general assembly was the election of two United States 
senators. David Barton of St. Louis was chosen for 
one without opposition. Several candidates came 
forward for the other senatorship, and a bitter contest 
followed. The leading candidates were Judge J. B. C. 
Lucas and Thomas H. Benton. Benton had the sup¬ 
port of Barton and the St. Louis group that surrounded 
Governor Clark, but he was personally very unpopular. 
He was naturally outspoken and domineering, his 
duel with Charles Lucas hurt him, and he was a new¬ 
comer in the territory. Benton won for two reasons. 
Barton came out strongly in his favor. Then the 
French merchants and landholders opposed Lucas 
because he had always opposed the doubtful Spanish 
land grants. The election was so close that Daniel 
Ralls, one of Benton’s supporters, although he was 
desperately ill, was carried into the assembly on a 
mattress to cast his vote. Ralls died shortly afterward, 
and the assembly named Ralls county in his honor. 

State Seal. — This first general assembly passed a 
number of important laws. It adopted the state seal, 
still in use to-day. It also organized ten new counties 
and divided the state into judicial districts. The loca¬ 
tion of the state capital was fixed by the constitution 


MISSOURI ADMITTED TO THE UNION 83 

for six years at St. Charles, after that at some place 
on the Missouri river within forty miles of the mouth 
of the Osage. A commission later selected the site 
of Jefferson City as the permanent seat of government. 

Second Missouri Compromise. — But Missouri was 
not yet admitted to the Union. When Congress met 
in 1820, Scott presented the new constitution of Mis¬ 
souri to Congress, expecting the immediate admission 
of Missouri as a state without debate. But neither 
the North nor the South had been altogether satisfied 
with the first compromise. A radical minority in each 
section was quite willing to see the compromise over¬ 
thrown and the whole contest renewed. The anti¬ 
slavery faction declared that the clause in the Missouri 
constitution barring out free negroes was contrary to 
the national Constitution. That Constitution de¬ 
clared that the citizens of each state should have the 
rights of citizens in other states; and free negroes, so 
it was claimed, were citizens in some states. The 
South denied that free negroes could be citizens in 
any state, and held that in any case Congress could not 
force Missouri to change her constitution. The house 
of representatives refused to admit Missouri unless 
this clause in her constitution was changed. So the 
sectional quarrel reappeared, the same arguments were 
repeated with greater bitterness, and the danger of the 
Union was very real. 

Finally, Henry Clay, who came back to the house of 
representatives at this session, succeeded in drawing 
up a compromise that passed both houses of Congress. 


84 


A HISTORY OF MISSOURI 


This Second Missouri Compromise required a pledge 
from the Missouri legislature in regard to the barring 
out of free negroes. The legislature was to promise 
that Missouri should never interfere with the rights of 
citizens of the other states. Evidently this second 
Compromise did not mean very much, for it did not 
decide at all whether free negroes were citizens or 
not. It was a general and vague form for which the 
moderates from both North and South could vote. 
Clay provided that when the Missouri legislature had 
given this pledge in a form satisfactory to the Presi¬ 
dent, the President should declare Missouri a member 
of the Union. The Missouri legislature gave the 
pledge required, and President Monroe declared Mis¬ 
souri admitted to the Union on August 10, 1821. 

Governor McNair. — Before we take up the history 
of the state of Missouri after it was admitted, it is 
important to learn more about the men who took the 
lead in this struggle for statehood and in the first state 
government. John Scott and Judge Lucas we have 
studied already. Alexander McNair, the first governor, 
was a native of Pennsylvania. He came to St. Louis 
in 1804, and at once took a leading place in the little 
town, where he served as a judge of common pleas and 
a member of the first board of town trustees. He was 
prominent also in the militia, and was inspector-general 
in the War of 1812. Later, in 1814, he was candidate 
for delegate to Congress, but was beaten by Easton. 
Two years later he was appointed register of public 
lands in St. Louis. He was a member of the constitu- 


MISSOURI ADMITTED TO THE UNION 85 

tional convention in 1820. McNair was a man of 
very pleasing manner, popular with all classes, and not 
closely connected with any faction. Soon after he 
reached St. Louis he married the daughter of a promi¬ 
nent French settler, and this no doubt strengthened 
his influence. Although perhaps not a man of striking 
ability or great strength, his good sense, moderation, 
and general popularity made him just the man to be 
governor in this time of excitement. McNair died in 
1826. 

Barton. — David Barton, president of the consti¬ 
tutional convention, and Missouri’s first senator, was 
the most influential man in Missouri during the fight 
for statehood. Barton was born in what is now Ten¬ 
nessee, then a part of North Carolina, studied at Green¬ 
ville College, and later was admitted to the bar. In 
1809 he came to Missouri and opened his law office at 
St. Charles. Like so many others of the ambitious 
young men, he served in the militia in the war, and after 
the war moved to St. Louis. Here he was for a time 
attorney-general of the territory and a judge of the 
circuit court. In 1818 he was elected to the territorial 
assembly and made speaker of the house of represent¬ 
atives. In 1820 he was chosen president of the con¬ 
vention. 

Senator Benton. — Thomas Hart Benton had not yet 
won in 1820 the commanding place in Missouri politics 
which he later held for so many years. Benton was 
born in 1782 in North Carolina. He was educated in 
the grammar school, and spent not more than one year 


86 


A HISTORY OF MISSOURI 


at the University of North Carolina. His father was 
a man of education, and his mother was a woman of 
unusual force of character; to them he owed the taste 
for reading and study which he retained all his life. 

When Benton was still a boy his father died, and in 
1799 the family moved to their large land grant near 
Nashville, Tennessee. Here Benton had general charge 
of the plantation. In the winter he taught school, and 
whenever he could find time studied law, and was 
in due time admitted to the bar. From the first, 
politics interested Benton more than law. He was for¬ 
tunate enough to win the friendship of Andrew Jack- 
son, the leading man of western Tennessee, and was 
elected to the state senate in 1809. Although a new 
member and a young man, he drew up and secured the 
passage of a number of important acts, especially one 
remodeling the courts of the state. 

When the War of 1812 broke out, and his friend 
Jackson was made a major-general, Benton became the 
colonel of a Tennessee regiment, and the intimate and 
confidential adviser of Jackson. But he ruined all 
his fair chances for a brilliant career in Tennessee by 
a violent quarrel with his friend. Both men were hot- 
tempered, impatient, and self-willed; perhaps they 
were too much alike not to quarrel. Jackson acted 
as the second to an opponent of Benton’s brother in a 
duel. Benton denounced this in such unmeasured 
terms that Jackson declared he would horsewhip him. 
The next time they met there was a rough-and-tumble 
frontier fight, in which Jackson was badly wounded. 


MISSOURI ADMITTED TO THE UNION 87 

This quarrel ended Benton's hopes for the future in 
Tennessee, for Jackson was the idol of the state. So 
after the war was over Benton moved to St. Louis, 
just when, we do not know, but in 1817 he brought his 
mother from Tennessee and established a home. 

Benton now began life over again. He was always 
very energetic and industrious in whatever he under¬ 
took, and never more so than in these first years in 
St. Louis. He built up a good law practice, especially 
in land cases, but, as always, was more interested in 
public affairs. He soon became a part owner and for 
a time the editor of a newspaper, the St. Louis Enquirer. 
His articles on western questions, and his fiery attacks 
on the party in Congress which was trying to restrict 
slavery in the compromise struggle, must have made 
him very well known. In local politics he joined the 
group of lawyers who surrounded Governor Clark. 
His quarrel with Jackson had not taught him modera¬ 
tion or self-control; he made many enemies, and, as 
we have seen, was involved in a most unfortunate 
duel. Perhaps the leaders who had lived longer in the 
territory thought Benton too ambitious, and treated 
him as a presuming newcomer, so that he was forced 
to fight for his rights. At any rate, he was forced to 
struggle desperately for his first election to the United 
States senate, and won by the narrowest margin. Still, 
when we remember how short a time he had been in 
Missouri, and how bitterly Lucas and others opposed 
him, we feel that Benton's election was a great tribute 
to his ability and determination. 

HIST. MO.-6 


88 


A HISTORY OF MISSOURI 


Problem 

How Missouri became a state in the Union. 

Questions 

How did the Missourians feel about the delay by Congress? 
Why? How was this feeling expressed? What independent ac¬ 
tion was talked of? Why did the first compromise satisfy the 
Missourians ? 

What can you say about antislavery sentiment in Missouri? 
How was it shown? What sort of arguments were urged against 
slavery ? How did the antislavery men in St. Louis try to attack 
slavery? Why were they beaten? What were the influential 
classes in Missouri? Why did they support slavery? Why did 
many others support it ? 

What can you say of the members of the constitutional conven¬ 
tion? Who was its president? What other state constitutions 
influenced the convention ? What were the provisions about 
slavery ? 

When were the first elections in Missouri? Who was the first 
representative in Congress? Who were the candidates for gov¬ 
ernor ? Who was elected ? Who was the first lieutenant governor ? 
Who was Missouri’s first sena + or? Who were the leading candi¬ 
dates for the other senatorship ? Who was elected ? Why ? Who 
was Daniel Ralls? 

What important laws were passed by the first general assembly ? 
Who drew up the second compromise ? What were its terms ? 
When and how did Missouri finally come into the Union? 

What do you I now of Alexander NcNair before he became gov¬ 
ernor ? What kind of man was he ? 

What is said of David Barton as a leader ? What was his record 
before he was elected senator ? 

What do you know of Benton’s life before he went to Tennessee? 
What do you know of his life in Tennessee ? Why did he get on so 
rapidly there? What ruined his future in Tennessee? What do 
you know of his life in St. Louis before 1820 ? Why did he have so 
many enemies there ? 


CHAPTER X 


THE BEGINNINGS OF POLITICAL PARTIES IN 
MISSOURI, 1820 TO 1832 

Parties and Party Politics. — As soon as Missouri 
became a state, politics and political parties became one 
of the most interesting things in her history. But we 
must not expect to find in the earlier days the well- 
organized parties with their machinery of conventions 
and committees which we know to-day. These be¬ 
long to a later period in American history. Then, too, 
in 1820 there was only one party of any importance in 
national politics. Almost every one belonged to the 
old Republican party founded by Jefferson. James 
Monroe was reelected President in 1820 with only one 
electoral vote against him. 

In the West, at least in local politics, the people at 
this early day cared more about the man they were 
voting for than for the party. They demanded a can¬ 
didate who was a real leader, honest, fearless, democratic, 
and outspoken. In Missouri, up to 1832, local elections 
turned more on men than on parties. In fact, the most 
interesting and important thing in Missouri politics 
for the first ten or twelve years was the gradual forma¬ 
tion of the new Democratic party of Andrew Jackson, 
and the rise of its leader, Thomas Hart Benton. 

89 


90 


A HISTORY OF MISSOURI 


Governor Bates. — In the first state election, in 1820, 
there was nothing at issue except the personal popular¬ 
ity and influence of the candidates. In the same way 
Scott was reelected to the national house of representa¬ 
tives in 1822, and Barton to the national senate in 
1824, with very little opposition. Even the second con¬ 
test for governor, in 1824, was a contest between two 
very well-known and popular men, and not between 
parties. One candidate, Frederic Bates, had been the 
efficient and well-liked secretary of the territories of 
Louisiana and Missouri. His opponent, William H. 
Ashley, was a very successful pioneer in the Missouri 
river fur trade. He had been elected lieutenant gov¬ 
ernor in 1820. Bates won, but died in 1825. The most 
interesting event in Governor Bates’s short administra¬ 
tion was the visit of Lafayette to St. Louis in 1825. 
In his old age Lafayette was then revisiting the United 
States, for whose independence he had fought so 
bravely. Everywhere he was received with enthu¬ 
siasm and respect, and all St. Louis turned out to do 
him honor. The general assembly changed the name 
of Lillard county to Lafayette. It was the steamboat 
that brought Missouri in close touch with the outside 
world, and made Lafayette’s visit possible. 

Governor Miller. — Abraham J. Williams, presi¬ 
dent of the state senate, served as governor for a few 
months until a special election could be held. This 
again was a bitter personal fight between individuals, 
won by John Miller. Miller was a native of Virginia. 
As a young man he moved to Ohio, where he was editor 


POLITICAL PARTIES, 1820 TO 1832 


91 


of a paper. In the War of 1812 he was a colonel in the 
United States army, and served under General Harri¬ 
son. After the war he was ordered to Missouri, and 
liked it so well that he resigned from the army and 
settled in Cooper county. Miller was the first man 
from the Boone’s Lick country to secure a high office 
in the state; up to this time St. Louis and the south¬ 
east had had a sort of monopoly. Miller made an 
excellent record for the rest of Bates’s term, and was 
elected for a full term of four years in 1828 without 
opposition. He was the last of the governors who 
secured the office so easily. 

Black Hawk War. — The six years of Governor 
Miller’s administration were years of great prosperity 
and growth, and of great activity in politics, as we 
shall see, but rather uneventful otherwise. Just 
at the close of Miller’s administration the people 
of Missouri were very much alarmed over the Indian 
troubles to the north and east. Since the War of 
1812 the Indians had not been a serious problem. 
The national government by 1832 had bought out all 
the Indian claims in Missouri and moved the Indians 
farther west. It was the same policy of crowding the 
Indian westward that brought on the Black Hawk 
war in Illinois and Iowa. There seemed to be danger 
that the trouble would spread across the Mississippi and 
lead to Indian attacks on the northeastern counties 
of Missouri. Governor Miller called out the militia 
and sent several companies to protect the frontier. 
After a thorough scout from the mouth of the Des 


92 


A HISTORY OF MISSOURI 


Moines river toward the Chariton, the force returned 
without meeting any hostile Indians. There were 
several battles with the Indians in Illinois and Wiscon¬ 
sin, but Missouri escaped. In the same year, 1832, 
Missouri found that her closer connection with the 
world was not an unmixed blessing. The Asiatic 
cholera broke out in St. Louis and caused many deaths. 
It returned the following year and several times after¬ 
ward. 

Presidential Election, 1824 .— Meanwhile, in the 
presidential campaign of 1824 there may be seen the 
origin of real parties. In the country at large there 
was a contest among four men, all belonging to the 
old Republican party; John Quincy Adams, Jackson, 
Crawford, and Clay. Missouri favored. Clay. The 
legislature had nominated him, and the people gave 
him the largest number of votes. But with so many 
candidates in the field it was plain before the elec¬ 
tion that no one man could get a majority of the 
electoral votes of the whole country. In that case the 
Constitution provided that the house of representa¬ 
tives should choose the President. For this reason, 
and because many felt he had represented Missouri 
long enough, John Scott met strong opposition and was 
reelected as representative by only a small majority. 

Surely enough, no candidate for Preside it received 
a majority of the electoral vote. Scott was therefore 
to cast the vote of Missouri in the house of representa¬ 
tives. Barton, Benton, and Scott had all supported 
Clay in the popular election. But in the vote of the 


POLITICAL PARTIES, 1820 TO 1832 93 

whole country Clay stood fourth. The Constitution 
required the house to choose from the three names 
highest on the list, so Clay’s name was dropped. 
Clay himself favored Adams, and asked his friends to 
vote for him. Barton also was for Adams, but Benton 
came out very strongly for Jackson. Scott hesitated 
long, but finally cast the vote of Missouri for Adams, 
who was elected. Their choice of Adams ruined the 
political careers of both Scott and Barton. Benton’s 
support of Jackson made him supreme in Missouri 
politics for twenty years. 

Benton and Jackson. — Benton had sat side by side 
with Jackson in the United States senate before the 
election. For some time the memory of their old 
Tennessee quarrel embarrassed both men. Gradually 
they renewed their early acquaintance, exchanged 
calls, and became friends again. Benton preferred 
Jackson to Adams for President because Jackson was 
a western man and represented western interests, and 
because Benton thought him Missouri’s second choice. 
After Adams’s election, Jackson’s friends at once raised 
the cry that Jackson had been cheated out of the presi¬ 
dency by a bargain between Adams and Clay. They 
at once set about organizing a political party to elect 
Jackson four years later. Benton took the lead in this 
movement in Missouri. He himself was reelected to 
the senate in 1826. 

But it took time to organize the Jackson party; it 
did not figure in the election of Miller in 1825, nor very 
clearly in the defeat of Scott by Edward Bates in 1826, 


94 


A HISTORY OF MISSOURI 


for Bates was not a Jackson man. Scott now dropped 
out of politics. In 1828 the Jackson party triumphed, 
in the state as well as in the nation; it carried every 
county in Missouri. Of course this made Benton, the 
leader of the Jackson men, the most influential man in 
Missouri politics. His influence was shown in the elec¬ 
tion of representative in the same year. Bates, an 
anti-Jackson man, wished a second term, and two 
Jackson candidates appeared against him. To defeat 
Bates one had to withdraw, so Benton was asked to 
decide between them. He promptly chose Spencer 
Pettis, who was elected. 

Defeat of Barton. — Barton and Benton were now 
personal enemies as well as political opponents. When 
Barton’s second term expired in 1830 Benton used all 
his influence against him, and Barton was defeated. 
Only ten years before Barton had secured Benton’s 
election with the greatest difficulty, and now Benton 
was supreme. Barton at once appealed to the people 
of the state as the candidate of the anti-Jackson men 
against Pettis for United States representative, but 
was again defeated. Barton was later elected to the 
state senate, and died in 1837. Few citizens of Missouri 
of to-day have ever heard of David Barton, Missouri’s 
first United States senator, but the state owes him much, 
particularly for his part in drawing up the first consti¬ 
tution. 

Senator Buckner. — To succeed Senator Barton in 
1830 the general assembly chose Alexander Buckner of 
Cape Girardeau county. Like so many of the United 


POLITICAL PARTIES, 1820 TO 1832 95 

States senators and the governors in this earlier period, 
Buckner was born in Kentucky. He studied law, and 
moved first to Indiana, and then, in 1818, to Cape Gi¬ 
rardeau county. Only two years later he was chosen 
a delegate to the constitutional convention of 1820. 
Buckner was a prominent Mason in both Indiana and 
Missouri. He was a senator only three years when he 
died of cholera at his farm near Jackson. 

Missouri a Democratic State. — When the next 
presidential campaign took place, in 1832, there were 
two political parties in the nation and in the state. 
For President the Democrats nominated Andrew 
Jackson; the National Republicans, or Whigs, as they 
were soon called, nominated Henry Clay. Both were 
western men. The Democrats made a clean sweep 
in Missouri, in both national and state offices. So 
Missouri definitely cast in her lot with the Democratic 
party, and remained faithful to it until the Civil War. 

The reasons for her choice are not hard to find. In 
the first place Jackson was exactly the sort of man the 
majority of the Missourians demanded for a leader. 
He had shown his bravery and fighting spirit against 
the Indians and against the British at New Orleans. 
He was absolutely honest and outspoken, and he was 
a plain man of the people, who thought and felt as 
the people did. He was, above everything else, a 
representative westerner. The people of Missouri also 
agreed with Jackson that the great national bank was 
dangerous to the liberty of the people because it was a 
monopoly and favored the money class in the East. 


96 


A HISTORY OF MISSOURI 


Then, too, the influence of such a leader as Benton 
must not be forgotten. 

Missouri Whigs. — Not all the Missourians, however, 
were Jacksonian Democrats. The mercantile classes 
in St. Louis and the merchants generally preferred 
Henry Clay and a more moderate platform. On the 
whole the older sections of the state, especially the 
Boone’s Lick country and the northern Mississippi 
section, felt the same way. No doubt the fact that the 
majority of these settlers came from Kentucky made 
them more friendly to Clay, but they were Whigs 
chiefly because the leaders were men of means, many 
of them slave owners, and so more conservative and 
less democratic than the people of the newer sections. 
This general political division of the state lasted until 
the Civil War. For years Boone was the banner Whig 
county of the state. 


Problem 

How Missouri became a Democratic state. 


Questions 

How did party politics in 1820 differ from party politics to-day? 
What were the national parties in 1820? What interested the 
westerners most in politics in the earlier days ? What did they de¬ 
mand in a leader ? 

What influence decided the local elections in Missouri up to 
1828 ? Who was the second governor of Missouri ? What do you 
know about him? What was the most interesting event in his 
term ? Who was Abraham J. Williams ? Who was the third elected 
governor? How long did he serve? What do you know about 
him? 


POLITICAL PARTIES, 1820 TO 1832 


97 


How were the Indians removed from Missouri? What caused 
the Black Hawk war ? Where was it ? How did it threaten Mis¬ 
souri ? How did Governor Miller guard against it ? 

Who were the candidates for President in 1824? Which did 
Missouri favor ? How was it that the house of representatives 
made the final choice ? Why was Clay not voted for there ? Who 
was elected? Whom did Benton favor for President? Barton? 
Scott? What effect did their choices have on their political ca¬ 
reers ? 

Why did Benton favor Jackson? What were their personal 
relations? What were the plans of Jackson’s friends for the next 
election ? What part in them did Benton take ? How did Mis¬ 
souri vote in 1828? How was Benton’s influence shown? Why 
was Barton defeated as United States senator? What do you 
know of his later life ? Who succeeded Barton as senator ? What 
do you know of him ? 

What were the parties and candidates in the presidential election 
of 1832? Which did Missouri choose? Why? What parts of 
the state were Whig ? Why ? 


p 


CHAPTER XI 


MISSOURI POLITICS AND HISTORY, 1832 TO 1844 

Representatives in Congress. — Now that political 
parties had been organized in the state, by 1832, the 
details of candidates and elections were not so inter¬ 
esting and important. Then, too, the history of the 
state became more eventful. Spencer Pettis, you will 
remember, had been Benton’s choice for representative 
in 1828. Two years later Pettis was reelected, but 
he never returned to Washington. The issue in the 
campaign in Missouri was the national bank. Pettis, 
like Jackson, attacked the bank and its president, 
Nicholas Biddle. Major Biddle, a brother of the 
bank president, was stationed at St. Louis, and was so 
angered by these attacks that he horsewhipped Pettis. 
After the election was over Pettis challenged Biddle to 
a duel. Biddle was so nearsighted that the two were 
placed back to back only five feet apart. When, at 
the word of command, both wheeled about and fired, 
their long dueling pistols overlapped. Each was mor¬ 
tally wounded. Public opinion had been growing 
steadily against dueling, and this encounter went far 
toward discrediting the practice. 

In a special election William H. Ashley was chosen to 
succeed Pettis. His wonderful success in the fur trade 
98 


POLITICS AND HISTORY, 1832 TO 1844 99 

had made him one of the richest and best-known men 
in the state. He was twice reelected, in 1832 and 1834. 
Ashley owed his success to his personal popularity, 
for in politics he was a moderate Whig. After 1830 
the increase in population entitled Missouri to two 
representatives, and after 1840 to five. But up to 
1844 the only other representative of great importance 
in Missouri history was ex-Governor Miller, who 
served from 1837 to 1843. 

United States Senators. — These years in the thirties 
were the time of Benton’s greatest influence in Missouri 
politics. The whole state was proud of the high place 
he had won at Washington. The Democrats rejoiced 
that their leader was the close friend and right-hand 
man of their hero, Andrew Jackson. Benton, too, was 
very active and successful in securing laws about two 
important local problems, the public land and the 
trade with the West and the Southwest. Benton was 
triumphantly reelected to the United States senate in 
1832 and 1838. 

Benton’s colleague from 1834 to 1843 was Dr. Lewis 
F. Linn of Ste. Genevieve. Linn was a Kentuckian. 
He was educated as a physician, and came to Ste. Gene¬ 
vieve in 1815. He had served in the state senate 
before he went to Washington. He was a man of fine 
character and of unusual sweetness of temper. Benton 
had a warm personal affection for him, and worked with 
him without any friction, a thing rather unusual for 
Benton. Linn’s great contribution to Missouri’s de¬ 
velopment was the Platte Purchase. This was the 


100 


A HISTORY OF MISSOURI 


present northwest corner of the state, which he induced 
Congress to add to the original area of Missouri. Linn 
was also so much interested in the Oregon trade and the 
settlers there, and defended their interests so warmly, 
that he was often called the senator from Oregon. 
Linn was twice reelected with hardly any opposition, 
Whigs and Democrats alike voting for him. He died 
in office in 1843, regretted by all. His successor, 
David R. Atchison, belongs to the next period in 
Missouri history. 

Governor Daniel Dunklin. — The three governors 
of the period we are studying were all from Kentucky, 
and all Democrats. One could almost say that these 
were two necessary qualifications for high office in 
those days. Daniel Dunklin, who was elected in 1832, 
was, it is true, born in South Carolina, but moved to 
Kentucky at an early age. Dunklin came first to 
St. Louis, and then settled at Potosi in 1810. He was 
a member of the constitutional convention of 1820 
and lieutenant governor under Miller. 

Governor Dunklin’s term was a time of very great 
prosperity. The population was increasing faster 
than at any other period since the great immigration 
after 1815. So prosperous were the people that there 
was a great demand for better means of transportation, 
and railroads were enthusiastically discussed and 
planned. It was during Governor Dunklin’s time that 
Congress added to the state the Platte Purchase already 
mentioned, although Missouri did not take possession 
until 1837. 


POLITICS AND HISTORY, 1832 TO 1844 101 

The Mormons in Missouri. — A new sort of settlers, 
the Mormons, in the western part of the state, began 
to cause trouble in Governor Dunklin’s time. The 
Mormon church first appeared in western New York 
in 1830, but was so bitterly opposed by the people that 
Joseph Smith, its founder, moved it to Ohio. It was 
a time of great religious excitement all through the 
,West, and the new church grew rapidly. But Smith 
wished to settle his church on the frontier, where he 
would not be interfered with, and he had preached 
that the conversion of the Indians was one of its great 
missions. So in 1831 Smith led a small exploring party 
westward. He fixed on Independence, Missouri, then 
on the very edge of settlement, as the seat of the Mor¬ 
mon Kingdom and the Promised Land. 

Mormons from the East followed rapidly, until two 
years later there were twelve hundred of them in and 
around Independence, in Jackson county. They made 
up about a third of the total population of the county. 
A Mormon paper and printing press were set up. In 
the newspaper and in their sermons and conversation 
the Mormons declared that they were to possess the 
.country. Naturally the other settlers resented this, 
first by breaking windows and the like, and then by a 
general county meeting. This meeting declared that 
the Mormons were meddling with the negroes, that they 
were guilty of immorality, theft, and blasphemy — 
in short, that they were undesirable citizens. The real 
trouble seems to have been that the other settlers were 
afraid that the Mormons would soon be in the majority 


102 


A HISTORY OF MISSOURI 


in the county, control the government, and then that 
no man’s property would be safe. 

Expulsion from Jackson County. — This county 
meeting demanded that the Mormons leave the county. 
The Mormons asked for delay, but their newspaper 
office was destroyed and two of their leaders tarred 
and feathered. After a little more persuasion of the 
same sort the Mormons promised to move by the first 
of January. But after the other settlers went home 
the Mormons appealed to Governor Dunklin. At 
first he did not quite understand the situation, and 
promised them protection. Their failure to keep 
their agreement caused a miniature civil war, in 
which the Mormons were outnumbered and beaten. 
Then, with considerable suffering and loss of prop¬ 
erty, they moved across the Missouri River to Clay 
county. 

In Clay the Mormons lived in peace for three years. 
Then in Clay county also a county meeting was held, 
about the same charges were brought against the Mor¬ 
mons as in Jackson county, and they were invited to 
move on. By this time they knew that the local courts 
would not protect them, and the governor now refused 
to interfere to help them. They asked the general 
assembly to organize a new county for them, where 
they would not be interfered with. The assembly 
consented, and the Mormons moved back on the un¬ 
settled prairie to their new county of Caldwell. Here 
they laid out the town of Far West and began to build 
their temple. 


POLITICS AND HISTORY, 1832 TO 1844 1 03 

Governor Boggs. — In the state election of 1836 
Lilburn W. Boggs was elected governor. He had been 
lieutenant governor for the four years previous. Boggs 
had been a banker at St. Louis, and like his opponent 
in this election, William H. Ashley, had been very 
active in the fur trade. Governor Boggs had an event¬ 
ful administration. The great panic of 1837, the first 
state bank, and the beginnings of a school system and of 
the state university will be described in the next chapter. 
Other interesting and important events were the later 
stages of the Mormon trouble, the dispute about the 
northern boundary line, and Missouri's share in the 
Seminole war. 

The Mormons Expelled from Missouri. — The Mor¬ 
mons caused more trouble than ever. For two years 
they had lived quietly in Caldwell county. Then 
Smith and other leaders appeared from Ohio. Their 
land and bank speculations had gotten them into 
trouble with the authorities there, so they were forced 
to flee from arrest. Smith was not at all satisfied with 
the plan of shutting the Mormons up in one county. 
He began new settlements on the Grand river in 
Daviess county and on the Missouri in Carroll. He 
also organized a secret military society in the church 
and talked and preached rashly about exterminating 
his enemies and possessing the earth. Of course there 
could be but one result. The people of the surrounding 
counties believed that the Mormons had broken their 
agreement by settling outside of Caldwell county, and 
resolved to drive them from the state. There were 

HIST. MO. — 7 


104 


A HISTORY OF MISSOURI 


several skirmishes, and plundering and barn burning 
were common on both sides. 

Governor Boggs then called out the militia to restore 
order, and the Mormons made the great mistake of 
attacking a company of state troops. This put them 
entirely in the wrong, for they were resisting the powers 
of the state. Governor Boggs called out the militia 
of all the western counties, and the people were only 
too anxious to respond. The Mormon capital at Far 
West in Caldwell county was surrounded with an over¬ 
whelming force, and the Mormons surrendered. They 
agreed that their leaders should be given up for trial, 
and that the rest should give up their arms and leave 
the state. These hard terms were carried out. None 
of the leaders were punished. Some were released 
and others escaped from the officers. Smith finally 
reassembled his followers at Nauvoo, Illinois. What¬ 
ever we may think of the way in which they were 
driven out, the state was certainly much better off 
without the Mormons. 

Northern Boundary. — After the Platte Purchase 
was added to Missouri, the assembly ordered a survey 
of its northern boundary. This led to a long dispute 
with the territory and state of Iowa. When Missouri 
was admitted as a state the northeastern corner was 
described as the rapids of the Des Moines river. As 
a master of fact, the rapids were located in no one place, 
but there were some miles of broken water. Naturally 
Missouri claimed that the northern end of this stretch 
was meant. The governor of Iowa territory was cer- 


POLITICS AND HISTORY, 1832 TO 1844 105 

tain that the boundary line was twenty miles farther 
south at the Des Moines rapids in the Mississippi. 
The dispute became so angry that in 1840 the Iowa 
militia was actually ordered out, but no blood was shed. 
At a later time a Missouri sheriff who was trying to 
arrest a man in the disputed territory was himself 
arrested by the Iowa authorities. He was sentenced 
to imprisonment, but pardoned at once. Finally the 
dispute was carried to the United States Supreme 
Court, which established the present northern bound¬ 
ary. The court decided against both Iowa and 
Missoi.ri and went back to an old Indian treaty line, 
which was no doubt what Congress had in mind in 
1820. (See map, page 109.) 

Seminole War. — When Congress tried to move the 
Indians from Alabama and Georgia across the Mis¬ 
sissippi, some of them refused to go and fled to the 
swamps of Florida. This brought about a long and 
costly Indian war. In 1837 the government called on 
Missouri for volunteers. Accordingly a regiment was 
raised under Colonel Richard Gentry and carried by 
water down the Mississippi and around to Tampa. 
In the battle which followed soon after their arrival 
the Missourians suffered severely, and their leader 
was mortally wounded. 

Governor Thomas Reynolds. — In the state election 
of 1840 the Whigs were unusually active, but the Demo¬ 
crats won as usual. The new governor was Thomas 
Reynolds. He came from Kentucky through Illinois, 
where he had been on the bench of the supreme court. 


106 


A HISTORY OF MISSOURI 


He settled in Howard county in 1828. Reynolds had 
been a member of the general assembly and speaker of 
the house. In 1844, a few months before the end of 
his term, Governor Reynolds committed suicide, and 
Lieutenant Governor M. M. Marmaduke finished the 
term. These four years were a rather trying time in 
Missouri. The people were recovering slowly from the 
panic, and times were hard. It was a time, too, of 
growing dissatisfaction with Benton and the older 
leaders. The annexation of Texas was the most inter¬ 
esting question in national affairs, but that will be 
studied in Chapter XIII. 

Pkoblem 

What were the important events in Missouri history, 1832 to 
1844? 

Questions 

What were the causes of the Pettis-Biddle duel? Who was 
Biddle? Describe the duel. What were the results? Who suc¬ 
ceeded Pettis ? What were his politics ? How do you explain his 
election? How many representatives in Congress did Missouri 
have after 1830 ? after 1840 ? What other prominent representa¬ 
tive is mentioned ? 

Why was Benton so influential in the thirties? Who was his 
colleague ? What do you know about him ? What was his great 
service to the state ? What was he sometimes called ? Why ? 

What do you know of Governor Dunklin ? What can you say of 
the prosperity of the state in his time ? Who was the founder of 
the Mormon church? Where did it begin? Why did the Mor¬ 
mons come West ? Where did they first locate in Missouri ? Why 
did the other settlers object to them ? What charges were brought 
against them? What was the real reason for the attack? How 
were they expelled from Jackson county? Where did they go? 
What happened there ? What plan was then adopted ? 


POLITICS AND HISTORY, 1832 TO 1844 107 


What do you know of Governor Boggs? What were the chief 
events in his term? Why did the Mormon trouble break out 
again? Who was responsible? What action did Governor Boggs 
take ? What was the great mistake of the Mormons ? What terms 
were granted them ? What became of them ? 

How did the dispute over the northern boundary arise? What 
were two incidents in the dispute ? How was it settled ? What 
was the Seminole war ? Describe Missouri’s part in it. 

What do you know of Governor Reynolds ? What were the chief 
events in his term? Who was M. M. Marmaduke? 


CHAPTER XII 


THE CONQUEST OF THE WILDERNESS, 1820 TO 1845 

Increase of Population. — In the years from 1820 
to 1845 the greater part of the state was settled, and 
passed out of the earlier frontier conditions. Indeed, 
the most important thing in Missouri history in this 
period was not politics at all, but the great advance 
in the struggle with the wilderness. We cannot trace 
this wonderful development in any detail, but we can 
get an idea of it by glancing at some of the results. 

The United States census by itself tells a convincing 
story. In 1820 there were in Missouri proper, without 
the part just set off as Arkansas, a little over sixty- 
five thousand (66,586) people. This was more than six 
times the population of 1804, and three times that of 
1810. In the next ten years Missouri increased more 
than twofold, to over one hundred forty thousand 
(140,455). Between 1830 and 1840 the increase was 
well on toward threefold, to nearly three hundred 
eighty-five thousand (383,702). In 1845 there were 
at least a half million people in the state. The whole 
nation was growing rapidly, and the whole West at a 
marvelous rate, but Missouri was growing even faster. 
In 1810 she stood twenty-third among the states and 
territories, and in 1840, sixteenth. She then outranked 
108 


CONQUEST OF WILDERNESS, 1820 TO 1845 109 


six of the thirteen original states, and was nearly as 
populous as Maryland. 

New Counties. — The new counties organized give 
a fair idea of where the increase of population was 


‘ + ' ^-If -+ -M-t -► -V- +- 


MISSOURI 
IN 1S45 

SCA LE OF MILES 
2030 10 

_ 1Worth Boundary as 
claimed by Missouri. 
North Boundary as 
claimed by Iowa. 
North Boundary as 
established by 
Supreme Court. 

Light color8 indicate 
counties having same 
boundaries as to-day. 



going, for a new county meant a new center of settle¬ 
ment. In 1820 the state north of the Missouri river 
was divided into ten counties, all fronting on the Mis¬ 
souri or the Mississippi. In 1845 there were forty- 




























































































110 


A HISTORY OF MISSOURI 


three, all there are to-day in this half of the state, 
except Worth, which was organized in 1861. The 
extension of settlement along the Missouri had reached 
the western boundary of the state and spread back 
into the interior. Settlement had worked back from 
the old Boone’s Lick and Mississippi river sections 
until the two streams of population met, so that the 
whole northeast section of the state was well devel¬ 
oped. The most thinly settled and backward counties 
north of the river were the newer ones, perhaps two 
deep, along the Iowa line. 

Then the very fertile section west of the Boone’s Lick 
country and south of the Missouri attracted thousands. 
The fertile section around Springfield attracted another 
group. In the center and southeast the Ozarks as 
ever barred the way, but settlers were taking up the 
more level and fertile parts even there. Taking the 
state as a whole the parts still little settled were the 
Ozarks and the southwestern border. It was from these 
sections that most of the later counties were formed. 

Origin of Settlers. — Kentucky and Virginia still 
furnished the largest number of the new settlers, fol¬ 
lowed by Tennessee and North Carolina. As always, 
they were drawn by the lure of cheap and fertile land. 
Newer elements were beginning to appear, especially the 
Germans, from Pennsylvania or direct from Germany. 
They founded Hermann in 1837 and 1838, and soon 
made Gasconade a German county. Others came into 
the older counties along the Mississippi. After 1840 
the stream of northern settlement reached Missouri 


CONQUEST OF WILDERNESS, 1820 TO 1845 111 

through Illinois and Iowa. But as yet there was only 
a beginning of these new elements, and the people of 
Missouri were of a common origin and common ideals, 
with one great exception. About one sixth of the 
population were negro slaves, who were increasing 
about as rapidly as the whites. These slaves were 
not distributed evenly throughout the whole state, 
but were to be found for the most part in the older 
counties along the two great rivers. 

Schools. — The increase in wealth and comfort more 
than kept pace with the increase in population. By 
1845 the log cabin was disappearing in many parts of 
the state, the fields were cleared, the Indians had been 
removed from the state, and the worst hardships of 
the pioneers were unknown to the younger people. 
There was time and money now for something more than 
the hard struggle with the wilderness. In the thirties 
the private academies, the forerunners of the public 
high schools of to-day, brought education within the 
reach of boys at least. In 1839 the legislature made a 
rather elaborate provision for a public school system, 
although it was some years before it was in working 
order. In the same year the state university was 
established, and after a spirited contest between the 
counties was located at Columbia in Boone county. 

Towns. — Almost all the Missourians were farmers 
and lived outside the towns. Indeed, there were as 
yet no cities such as we know to-day. St. Louis was 
of course the largest, growing steadily but slowly. 
In 1820 it had about five thousand inhabitants; in the 


112 


A HISTORY OF MISSOURI 


next twenty years it increased over threefold to about 
sixteen thousand five hundred. The other towns were 
the county seats, most of them of less than a thousand 
people, and the river towns. The Mississippi and 
Missouri were the great highways of trade to which 
the people brought their surplus for export. Many a 
Missouri river town of those days is now almost de¬ 
serted; others, such as Boonville, Liberty, and Inde¬ 
pendence, have survived the railroads. After Franklin 
was washed away, Independence and Westport Landing 
(now Kansas City), near by, were the most important 
ports on the Missouri river, and Hannibal, on the Mis¬ 
sissippi. The Osage and the Gasconade were the out¬ 
lets of the southern part of the state, and Warsaw 
and Osceola were important shipping points and cen¬ 
ters of trade. 

Transportation. — The difficulty of getting the crops 
to market was the hardest problem of the farmers in 
Missouri and in the West generally. In the thirties 
population was increasing, prices were high, there 
seemed no limit to the prosperity. Therefore many 
of the western states borrowed immense sums to build 
canals and roads and improve the rivers. The great 
success of the state of New York with the Erie Canal, 
opened in 1825, encouraged this reckless expenditure. 
The people of Missouri were just as much interested 
in transportation, but they were more conservative 
than the people of the Northwest. The great rivers 
were fairly satisfactory anyway, and the state did not 
adopt any ambitious scheme of improvement. 


CONQUEST OF WILDERNESS, 1820 TO 1845 113 


Instead, many miles of pike, rock, gravel, and plank 
roads were built with private capital. Tolls were 
charged for the use of these roads, which at that time 
were very profitable to the builders and very useful 
to the whole community. Such roads were commonly 
built from some port on a river back to a town in the 
interior. In the East the railroad, as an improved 
method of carrying passengers and freight by land, was 
just coming into use. In 1836 an enthusiastic conven¬ 
tion at St. Louis planned to introduce the railroad into 
Missouri, and suggested a number of lines, most of 
them radiating from St. Louis. The assembly char¬ 
tered companies to carry out these plans, but it was 
nearly fifteen years before railroad building was actually 
begun. 

Banks. — The West complained, too, that there 
was not enough money in the section to carry on the 
business, and that it was impossible to borrow money 
to develop the country. One reason why the West 
generally supported Jackson’s attack on the United 
States Bank was that it blamed the bank for this 
difficulty. They felt that the bank was an eastern 
institution, with a control of banking and money of 
the whole country for the benefit of the East. After 
Jackson destroyed the bank, most of the western states 
permitted the most reckless policy in the local banks. 
These put out floods of paper money with very little 
gold or silver behind it, and loaned money for all sorts 
of speculations. Here again Missouri was much more 
conservative than most of her neighbors. 


114 


A HISTORY OF MISSOURI 


Two banks had been started at St. Louis in the terri¬ 
torial period, after 1815. Both had failed in 1819. 
Thus banks were in bad repute when the state consti¬ 
tution was drawn up, and strict limits were placed 
on the power of the assembly to charter banks. A 
branch of the United States Bank was located at St. 
Louis, and later a branch of a Cincinnati bank. It 
was not until 1837 that the assembly made use of its 
limited powers and chartered the first bank of the state 
of Missouri. The state subscribed for half the capital, 
and kept a strict supervision over it. 

Panic of 1837 . — When to the real prosperity and 
wonderful growth of the West there were added all this 
extravagant road and canal building by the states, this 
flood of paper money, and the new banks and their 
loans to speculators, there followed a “ boom ” such 
as the West had never known. Every one speculated 
in something, and prices soared sky high. Flour sold 
for ten dollars a barrel and cotton for 20 cents a pound, 
and other things in proportion. The favorite form of 
speculation was public land, for the national govern¬ 
ment still sold at the old rate of SI.25 an acre, although 
the market price might be two or three times as much. 
The land sold so rapidly that the national public debt 
was paid off and a great surplus heaped up in the 
treasury. This in turn went to the banks and finally 
was deposited with the states, where it was used for 
more speculation. 

Of course such a boom could not last; a panic and 
hard times were sure to come. President Jackson 


CONQUEST OF WILDERNESS, 1820 TO 1845 115 

made the panic more severe by his well-meant but 
clumsy efforts to check the flood of paper money. As 
always happens in a panic, all at once every one lost 
confidence and wished to sell out and take his profits. 
The banks called in their loans, prices went down with 
a rush, and thousands were forced into bankruptcy. 
Then came some years of hard times and a slow re¬ 
covery of prosperity. Missouri suffered with the rest in 
this panic of 1837, but she escaped much of the worst of 
it. She had not piled up a state debt so great that she 
felt forced to refuse to pay it, as did some of the neigh¬ 
boring states. The lack of banks had made it harder 
for her citizens to speculate wildly on borrowed money. 

The Fur Trade. — Agriculture had never been the 
only interest of Missourians. The lead mines were 
still important, though not to so great a degree. The 
fur trade of the Far West and the new trade with Santa 
Fe grew tremendously. In the fur trade the most 
interesting man was William H. Ashley, who figured 
so often in politics. Ashley was a typical westerner, 
enterprising, ambitious, and willing to turn his hand 
to anything. He came to St. Louis from Virginia 
just before the Purchase. Here he was in turn real 
estate dealer, manufacturer of powder, promoter of 
lead mining, and a banker. He rese through the 
different ranks of the militia until he became general 
in 1822. In 1820 he was elected the first lieutenant 
governor of Missouri. 

Two years later he entered the fur trade on the Mis¬ 
souri. His first venture was disastrous: the Indians 


116 


A HISTORY OF MISSOURI 


captured his goods, and he barely escaped with his 
life. Then his fortune changed, and year after year 
his agents brought back down the Missouri wonderful 
packs of fur. By 1830 Ashley had a comfortable for¬ 
tune, and retired from business and reentered politics. 
Until his death, eight years later, he was, next to Benton, 
probably the best known and most influential man in 
Missouri. 

During the few years Ashley and his partners were 
engaged in the fur business, they took out at least a 
half million dollars’ worth of furs. Their agents and 
hunters explored the whole southern watershed of the 
Missouri, the Great Salt Lake, and one even crossed the 
mountains into southern California. Their explora¬ 
tions opened up the famous South Pass through the 
Rockies, and blazed the way for the Oregon Trail 
and the Great Salt Lake Trail, to be traveled later by 
thousands of Missourians. 

After Ashley retired, the fur trade continued ex¬ 
tremely profitable, but the romance had gone out of it. 
Rich merchants with abundant capital forced the small 
traders out of business. The government gave protec¬ 
tion from the Indians, and the steamboats plied regularly 
between St. Louis and the headwaters, and so put an 
end to the hardships. Until the Civil War and later 
this fur trade was one of the foundations of the pros¬ 
perity of St. Louis. 

Oregon. — It was not long before settlers followed 
the fur traders into Oregon. First came the New Eng¬ 
land missionaries to the Indians, and then, after 1840, 


CONQUEST OF WILDERNESS, 1820 TO 1845 117 

the actual settlers. The majority of them were from 
Missouri, and the Willamette valley in Oregon was 
simply a section of Missouri transplanted to the Far 
West. At about the same time Missourians began to 
drift into southern California. Among these was ex- 
Governor Boggs. 

Santa Fe Trail. — Side by side with this commerce 
of the mountains there was growing the commerce 
of the prairies with Santa Fe and the far Southwest. 
Santa Fe was isolated, far inland, and until the Ameri¬ 
cans came, looked to Vera Cruz in Mexico for supplies. 
Missouri was actually nearer. As long as the Spanish 
ruled Mexico they forbade all trade with the Americans, 
but when Mexico became independent the way was 
opened. In 1821 William Becknell, with a few adven¬ 
turers, started out from Franklin in Howard county 
and followed what later became the Santa Fe trail. 
They reached Santa Fe, sold out, and returned in safety. 
Wagons were used the following year, and soon a regu¬ 
lar caravan traveled the trail every year. In 1825 
the United States government surveyed the trail and 
made treaties with the Indians. This trade with the 
Southwest was extremely profitable and important until 
the Civil War and the coming of the railroads. The 
Atchison, Topeka, and Santa Fe railroad follows the 
old trail for hundreds of miles. 

The Mexicans wanted all sorts of manufactured goods, 
especially cotton cloths. They offered excellent prices 
and paid in ready money, always hard to get on the 
frontier, so the trade was very attractive. Then, too, 


118 


A HISTORY OF MISSOURI 


unlike the fur trade, it did not demand either a large 
amount of capital or a long stay in the wilderness. 
Any young farmer who had a wagon and horses and 
could mortgage his farm to buy his goods might return 
in a few months with a handsome profit. Many of 
the younger men along the Missouri were engaged in 
the Santa Fe trade at one time or another, but few 
went to the mountains. 

The Santa Fe caravans assembled at some Missouri 
river town and secured their outfits. At first Franklin 
was the starting point, but as the river began to wash 
away the town and the steamboats became more num¬ 
erous, Independence supplanted it. Westport Land¬ 
ing, just above Independence, and a better landing place 
for the steamers, was later the beginning of Kansas 
City. After buying their outfits the different traders 
usually set out separately or in small groups to Council 
Grove in central Kansas, some one hundred and fifty 
miles. When they were all assembled here the caravan 
was organized and officers elected. The chief dangers 
in the remaining five hundred and fifty miles were from 
hostile Indians and from lack of water. The Indians 
seldom seriously molested the main caravan, but did 
sometimes cut off small expeditions. 

Problem 

The progress of Missouri, 1820 to 1845. 

Questions 

What was really the most important thing in Missouri history, 
1820 to 1845 ? How fast did the population increase, 1810 to 1820 ? 


CONQUEST OF WILDERNESS, 1820 TO 1845 119 


1820 to 1830? 1830 to 1840? 1820 to 1840? About how many 
people were there in Missouri in 1845 ? What was her rank among 
the states and territories in 1810 ? in 1840 ? 

What do the new counties tell you about the population ? What 
changes were there in counties north of the Missouri, 1820 to 1845? 
after 1845 ? What sections south of the river were being settled ? 
Where were the backward parts of the state ? Where had most of the 
settlers come from? What new elements were beginning to come 
in? What proportion of the population was slave? Where were 
most of the slaves ? 

What can you say of the schools? When and where was the 
state university established? How much had St. Louis grown? 
Where were the other towns ? How large were they ? Name some 
of the river towns. 

What was the greatest problem of the farmers? How did the 
northwestern states try to solve it ? What was done in Missouri ? 
What other plan was discussed? Why did the West oppose the 
national bank? What was the result of its destruction? What 
were the earliest banks in Missouri ? When was the first bank of 
Missouri chartered ? 

What were the causes of the great boom in the West in the thir¬ 
ties? What was the favorite subject for speculation? Why? 
How did the panic come? How dia Jackson make it worse? In 
what ways did Missouri escape the worst of the panic ? 

What do you know about William H. Ashley as a business man ? 
How successful was he in the fur trade ? What is said of the later 
fur trade ? of the exploration and settlement of the Far West ? 

Why did Santa Fe look to Missouri for trade? Why was not 
the Santa Fe trade developed earlier? Who was the pioneer in 
the trade ? What were the articles traded ? Why was the trade 
so attractive ? Where were the headquarters for caravans ? De¬ 
scribe the methods used; the dangers. 



CHAPTER XIII 


NEW ISSUES AND NEW LEADERS, 1844 TO 1849 

The New Era. — By 1845 Missouri had recovered 
from the panic and was once more very prosperous 
and increasing rapidly in population. But the first 
or pioneer period in her history was past. Up to this 
time her people had been for the most part of the same 
general stock, from the eastern border states. While 
they had fought vigorously over politics, their real 
interests and ideals were much the same. After 1845 
prosperity, wealth, and population increased as before, 
but the people were no longer united. The Germans 
and the Irish began to come in large numbers, and the 
northern immigrants from Ohio, Indiana, and Illinois 
became a very important part of the population. Then 
the whole nation was dividing on sectional lines, North 
and South. Missouri, with her geographical position 
and her mixed population, was torn asunder by this 
sectional division. And finally the older generation of 
headers, with the exception of Benton, had almost all 
passed off the stage, and the younger men had different 
ideals. 

Constitutional Convention of 1845 . — For ten years 
at least there had been a movement in Missouri for 
a new constitution which would represent better the 
newer ideas of government. Finally, in 1844, the 
120 


NEW ISSUES AND LEADERS, 1844 TO 1849 1 21 

people voted for a convention to revise the constitu¬ 
tion. This convention met in 1845 and drew up a new 
frame of government. In general it was much more 
democratic and less conservative than the original con¬ 
stitution. For example, it shortened the terms of 
many officers, and provided for the election of many 
who before had been appointed. The constitution 
/was thoroughly discussed, and at the next election re¬ 
jected by the people. It would seem that some voted 
against it because it was too radical, and others because 
it was not radical enough, and between the two it was 
defeated. Many of its proposed changes were adopted 
in the following years as amendments to the old con¬ 
stitution. 

New Political Issues. — In Missouri politics we have 
now a situation hard to understand and hard to ex¬ 
plain. The difficulty is this, that there were really 
two issues which are so interwoven and joined to¬ 
gether that it is hard to untangle them. One issue 
was the sectional struggle about slavery in the ter¬ 
ritories ; the other was the determination of the 
younger Democrats to get rid of Thomas Hart Benton. 
The two issues were joined together because the open 
attack on Benton was made chiefly on the sectional 
questions. The general reasons for the growing hostil¬ 
ity to Benton will be explained more fully in the next 
chapter. 

The first attack on him, made in the election of 1844, 
was based on two issues. In the first place Missouri, 
like all the West, believed in paper money. When 

HIST. MO. — 8 


122 


A HISTORY OF MISSOURI 


the panic came their remedy was more paper money. 
Now Benton was such an enthusiastic believer in hard 
money — gold and silver — that he was nicknamed 
“ Old Bullion.” He refused to yield a particle during 
the panic. Again, his stand in the senate on the annex¬ 
ation of Texas was not popular in Missouri. This last 
issue was so important in its results that it must be 
explained more fully. 

Annexation of Texas. — For a long time the United 
States claimed Texas as part of the Louisiana Purchase, 
but gave it up to Spain in 1819 in return for the Floridas. 
Just at the same time the first Americans were settling 
in Texas. Moses Austin and his son Stephen, from 
Potosi in Missouri, received a very large grant of land 
from the Spanish. Other Americans followed, very 
much as an earlier generation of Americans had settled 
in Missouri while it was still Spanish territory. These 
Americans were hundreds of miles from the nearest 
Spanish government, and did about as they pleased. 
They were not interfered with for a long time after 
Mexico declared herself independent of Spain. But 
when, in 1835, the Mexican government sent an army 
to Texas and tried to establish a real control over 
it, the Texans declared their independence. Although 
the Mexican army was much larger than the Texan, 
the latter was victorious, and Texas became an inde¬ 
pendent state. 

Ever since the Americans began to settle there, the 
United States government was anxious tc regain Texas. 
President John Quincy Adams and President Jackson 


NEW ISSUES AND LEADERS, 1844 TO 1849 1 23 

tried to buy it from Mexico. When the Texans re¬ 
volted the Americans sympathized with them. The 
Texans themselves were anxious to come under the 
United States flag. Soon after Texas’ won her inde¬ 
pendence, she proposed that she be annexed to the 
United States. But at that time neither Jackson nor 
Van Buren was willing to favor this. They knew the 
North would oppose adding so much slave territory to 
the Union. In 1844 President Tyler was restrained 
by no such considerations, and made a treaty of annex¬ 
ation with Texas. The senate refused to ratify this, 
but soon after, in 1845, both senate and house passed 
a joint resolution annexing Texas as a state. 

Missouri had been very much interested in this whole 
Texan question. Many young Missourians had gone 
to Texas either to settle or to take part in the war of 
independence. The Santa Fe trade was growing every 
year and would be much more valuable if Santa Fe 
were part of the United States. Then the Missou¬ 
rians, like all the westerners, were eager for more terri¬ 
tory and more cheap land. Public opinion in Missouri 
was almost unanimous for immediate annexation. 
This Benton courageously opposed until the very end. 
His contention was that Mexico had never recognized 
the independence of Texas, and immediate annexation 
meant war with Mexico. He was not against bringing 
Texas into the Union, but insisted that an understand¬ 
ing with Mexico must come first. At the end he was 
persuaded to withdraw his objection and vote for an¬ 
nexation. 


124 


A HISTORY OF MISSOURI 


Election of 1844 . — The rising opposition to Benton 
was clearly shown in the state election. The Whigs 
put up no candidate for governor, but the Democrats 
divided into two factions, the “ Hards ” and the 
“ Softs/’ on the money question. The “Softs” were 
opposed to Benton, and were supported by most of 
the Whigs. But in this first encounter Benton was 
easily victorious, and the “Hard” candidate, John C .< 
Edwards, was elected. Benton himself was reelected 
by the assembly for another term, his last in the United 
States senate. The younger men, however, were coming 
to the front. Two future governors of the state, Sterling 
Price and John S. Phelps, were among the representa¬ 
tives to Congress. Another, Claiborne F. Jackson, was 
chosen speaker of the Missouri house of representatives. 
Even the new United States senator, David It. Atchi¬ 
son, who succeeded the lamented Linn, belonged to 
the younger group and was an opponent of Benton. 

Governor Edwards. — Governor Edwards himself, 
although a supporter of Benton, was a comparatively 
young man. He came late to Missouri, settling in 
Jefferson City in 1828. Although he was a newcomer 
and only twenty-four years of age, Governor Miller > 
appointed him secretary of state, an office which he 
held for seven years. Edwards had served one term 
in Congress before he became governor. Like Gov¬ 
ernor Boggs, Edwards later moved to California and 
became a leading citizen in his new home. 

Mexican War. — Mexico had not been at all pleased 
with the annexation of Texas, for she still claimed 


NEW ISSUES AND LEADERS, 1844 TO 1849 1 25 

Texas as part of her territory. Trouble might have been 
avoided but for two things: the United States and 
Mexico could not agree on the proper boundary of 
Texas, and President Polk was determined to get New 
Mexico and California also. United States troops 
were sent into the strip of land in dispute, the Mexican 
troops fired upon them, and war began. 

I Doniphan’s Expedition. — The Missourians had been 
much pleased at the annexation of Texas, and were 
eager to serve in the war with Mexico. Almost as 
soon as the news of the declaration of war reached St. 
Louis, several hundred men enlisted and hurried down 
the river to New Orleans. In May, 1846, Governor 
Edwards called for volunteers for an expedition against 
Santa Fe, and in a few weeks more than fifteen hundred 
volunteers gathered at Fort Leavenworth in Kansas. 
They chose as their colonel Alexander H. Doniphan, 
one of the best-known and best-liked men in western 
Missouri. 

The commander of the expedition was General 
Kearny of the United States army, who had with him 
some three hundred United States cavalry. Wagon 
loads of provisions and droves of cattle were sent on 
ahead, and more than four hundred traders with their 
wagons followed behind. After a march of more than 
nine hundred miles in less than fifty days the expedi¬ 
tion reached Santa Fe and took it without any fighting. 
General Kearny and his regulars then left on an even 
harder march to California, and Doniphan was left 
in command in New Mexico. He made a long expedi- 


126 


A HISTORY OF MISSOURI 


tion against the Indians, and compelled them to make 
peace, but as soon as Sterling Price arrived with a sec¬ 
ond Missouri regiment over the Santa Fe trail, Doni¬ 
phan started southward. 

His orders were to join General Wool, who was to 
start from the mouth of the Rio Grande, at Chihuahua, 
a city in north-central Mexico. Doniphan accordingly 
set out from Santa Fe with less than a thousand men 
to march nearly six hundred miles through the enemy’s 
territory. He had a brisk fight at Brazito, near El Paso, 
on Christmas day, and two months, later defeated a 
Mexican army three or four times the size of his, at 
Sacramento, outside of Chihuahua. But the authorities 
at Washington had changed their plans, and General 
Wool had never set out at all. Doniphan rested his 
men for two months here in the heart of Mexico, 
hundreds of miles from any support. In April and 
May he marched eastward to the mouth of the Rio 
Grande, and there at last found an American army. 
The Missourians were sent by water to New Orleans 
and home by the Mississippi. In all, this regiment 
under Doniphan marched over three thousand miles 
by land, and traveled over two thousand by water. 
Doniphan’s expedition is perhaps the most remarkable 
military expedition in our history. 

Meanwhile a second regiment had been organized 
in Missouri. Sterling Price, a young member of Con¬ 
gress, resigned his seat to take command. It was 
this regiment, as we have seen, that relieved Doni¬ 
phan when he started for Chihuahua. Price had to 


NEW ISSUES AND LEADERS, 1844 TO 1849 127 

deal with a serious revolt of the Mexicans and Indians. 
In fact, this second regiment, which never went beyond 
Santa Fe, lost more men than Doniphan’s on its won¬ 
derful march. Hardly had Price started for the 
Southwest when still another regiment gathered in 
Missouri, but the United States government decided 
that it was not needed, and ordered it disbanded. A 
little later, when Price met so much trouble, a fourth 
regiment was sent to his assistance. Other detach¬ 
ments of Missourians were sent to protect the Oregon 
Trail and the Santa Fe Trail. Altogether Missouri 
furnished over five thousand volunteers for the war, 
and stood ready to furnish more if they were needed. 

Results of the War. — When peace was made with 
Mexico the United States received the Mexican states 
of California and New Mexico; that is, all the south¬ 
western part of our country to-day. Immediately 
the question came up in Congress as to slavery in 
the new territory. The old Missouri Compromise 
line stopped at the boundary of the Louisiana Pur¬ 
chase, and did not apply to this southwestern sec¬ 
tion. Was slavery to be forbidden in this Mexican 
cession, or was it to be permitted everywhere in it, 
or was the Missouri Compromise line to be extended 
to + he Pacific? While Congress was debating these 
questions more and more angrily, gold was discovered 
in California. Americans from all sections, including 
many from Missouri, rushed to the gold fields. Within 
two years the Americans in California drew up a consti¬ 
tution and applied for statehood. As this constitu- 


128 


A HISTORY OF MISSOURI 


tion forbade slavery, and California extended north 
and south of the old compromise line, the line could not 
be extended to the Pacific if California were admitted. 

Missouri, as a western state and a slaveholding state, 
was deeply interested in this problem of slavery in 
the new territory. In the United States senate Ben¬ 
ton took a very independent stand on this question. 
The final attack of his enemies was based on just this 
issue. 

Problem 

The new leaders and new issues in Missouri, 1844 to 1848. 


Questions 

What were the new elements in Missouri’s population after 1845 ? 
What was the new problem in national politics? What effects 
did these changes have on Missouri history ? Why was a new con¬ 
stitution desired ? When was it drawn up ? What sort of changes 
were made? Name some of them. How did the people vote on 
the constitution ? Why ? How were the changes finally made ? 

What were the two new issues in Missouri politics? How were 
they connected? What were the two points of attack on Benton 
in 1844 ? What was his nickname ? Why ? How did the United 
States give up her early claims to Texas ? What Missourian was 
a pioneer settler there? Why did the Texans revolt from Mex-^ 
ico? What were the early attempts of the United States to 
regain Texas? What did the Texans wish after their independ¬ 
ence? How did Jackson and Van Buren feel about annexation? 
How was Texas annexed? 

What was the public opinion in Missouri on annexation ? Why ? 
What was Benton’s opinion? How did he vote finally? What 
parties were in the field in Missouri in 1844? What was the real 
issue ? Which won ? Name three younger men then becoming 
prominent. Who was the new senator ? What do you know about 
Governor Edwards ? What were the chief events in his term ? 


NEW ISSUES AND LEADERS, 1844 TO 1849 1 29 


What were the causes of the Mexican war ? What was Missouri’s 
attitude ? Who were the first volunteers ? Describe the organiza¬ 
tion of Doniphan’s expedition. How was it fed? Describe the 
march to Santa Fe and the capture of that city. What was the 
next move ? What were Doniphan’s orders ? What do you know 
of the battle of Brazito ? of Sacramento ? How did Doniphan’s 
men return? 

Who commanded the second Missouri regiment ? What do you 
know of its services? What other troops did Missouri furnish? 
How many in all ? 

What territory did the United States gain in the war? What 
new issue resulted? What solutions were suggested? Why was 
California settled so rapidly? How did her application for state¬ 
hood complicate matters? How did these new issues affect Mis¬ 
souri politics ? 


CHAPTER XIV 


THE FALL OF BENTON, 1848 TO 1856 

Opposition to Benton. — Meanwhile the opponents 
of Benton were gathering their strength for the contest 
of 1850, when Benton would come up for reelection 
to the United States senate. There are many different 
reasons for the attack on Benton and for his downfall. 
In the first place, wherever Benton went, all his life 
long, he made enemies. He had little patience with 
any one who did not agree with Benton, and seldom 
tried to win over or persuade his opponents. He could 
not understand anything but a direct attack on his 
enemies. He demanded that his friends should follow 
him without any questions and take his orders without 
discussion. Benton was proud of his own ability, hon¬ 
esty, and courage, and he had good reason to be, but 
he need not have regarded every man who disagreed 
with him as a rascal or a fool. Thus he made a great 
many personal enemies. 

Then, again, Benton was no politician. He moved 
to Washington soon after his first election and made 
his home there all the rest of his life. He came back 
to St. Louis for a visit every summer, and every few 
years he went on a tour to the principal towns of the 
state. He did not know the younger men growing 
130 


THE FALL OF BENTON 


131 


up in politics, and did not care to. He expected the 
party to take his advice and orders, and laughed at 
the younger men as “ boys.” Frank P. Blair was the 
only younger leader that Benton liked and trusted. 
Benton refused to ask for offices and appointments for 
his followers and so build up a party. His idea was 
to appeal directly to the people through his speeches 
in Congress and through the newspapers, and ignore- 
the local leaders. 

For many years his methods were successfu\ The 
politicians, and especially the younger, ambitious 
leaders, did not like him, but the people trusted and 
admired him. Benton was never loved in Missouri; 
he was never really popular, but the people admired 
him. To them Benton was the close friend and loyal 
supporter of Andrew Jackson. He was also a champion 
of western interests, of cheap land and fur trade and 
western expansion. Missouri was proud of his high place 
in the nation’s councils, and his enemies were powerless. 

Benton’s Loss of Influence. — But after 1840 there 
came a change in the Democratic party. The southern 
leaders got more and more control of it, and Calhoun 
became very powerful. Now, Benton’s deepest and 
strongest interest was the preservation of the Union. 
He believed Calhoun and the younger south erners 
were plotting to destroy it, and he hated them accord¬ 
ingly. He became less and less influential in the party, 
and at Washington at the same time became more and 
more independent and paid less attention to public 
opinion in Missouri. We have seen how his enemies 


132 


A HISTORY OF MISSOURI 


tried to use his stand on the money question and the 
annexation of Texas to defeat him in 1844, and how 
this first attack failed. It must be remembered, too, 
that the western people in general did not believe in a 
man’s holding an office for a very long time. There 
was a growing feeling that it was time for Benton to 
retire and give some one else a chance. To the younger 
men who were coming into control of the party in 
Missouri, Benton was an obstacle to be gotten rid of 
at almost any cost. 

In the four years after his reelection in 1844 Benton 
weakened himself still further. At Washington he 
quarreled openly with President Polk, Calhoun, and 
other southern leaders, until he lost most of his influence 
with the party. On the question whether slavery 
should be permitted in the territory gained from Mexico, 
Benton, insisted that California must be admitted at 
once as a free state. As for the rest of the territory, 
he favored dividing it by extending the Missouri Com¬ 
promise line or leaving the question of slavery to the 
people. Calhoun denounced him as a traitor to the 
South, and Benton stood almost alone. In Missouri 
the leaders were still for the most part from Kentucky 
and Virginia, and proud of their southern blood. As 
yet there was no question of secession or disunion, 
so they supported the South in this struggle for new 
slave territory. Such was the situation when Ben¬ 
ton’s enemies returned to the attack in 1849. 

Governor King. — The fight against Benton did not 
figure in the election of the governor in 1848. All 


THE FALL OF BENTON 


133 


factions in the Democratic party united in support of 
Austin A. King, who was elected. King was a native 
of Tennessee. In Missouri he had served in the state 
legislature and as circuit judge. In the troubled poli¬ 
tics of the time he was a moderate. The important 
events in his administration were the beginning of 
railroad building in Missouri and the defeat of Benton. 

Jackson Resolutions. — The second and successful 
attack on Benton was made in the general assembly 
in 1849. Benton’s enemies were led by such younger 
men as C. F. Jackson and R. M. Stewart, both after¬ 
ward governors of the state, James S. Green, later 
United States senator, and Senator Atchison. Their 
method of attack was a clever one. They succeeded 
in passing through the Missouri assembly, with the vote 
of almost every Democrat there, a series of resolutions 
known as the Jackson resolutions, because introduced 
in the state senate by C. F. Jackson. 

These resolutions were like those adopted about this 
time by many of the southern states, and not unlike 
those introduced into the United States senate two 
years before by Calhoun. These Jackson resolutions 
were aimed against the attempt of the North to forbid 
slavery in all the territory gained from Mexico. The 
resolutions declared that the people of a territory were 
the only power that could forbid slavery, and that Con¬ 
gress could not. They also declared that if Congress 
did pass any act contrary to these principles, Missouri 
would be found on the side of the slaveholding states 
in any measures to protect the South. The resolu- 


134 


A HISTORY OF MISSOURI 


tions instructed the United States senators from Mis¬ 
souri to vote according to these views. 

Benton’s Appeal. — These resolutions were no more 
extreme than those passed by several other states. 
Probably the majority of the Missouri Democrats who 
voted for them intended nothing more than a strong 
protest against the northern antislavery views. But 
Benton took them as a challenge. He thought, and he 
was right, that they were introduced by his enemies 
to attack him. So instead of paying little attention to 
them, as he might have done, he attacked the resolu¬ 
tions bitterly. Benton felt that the fight against him 
begun in 1844 was to be continued in the next elec¬ 
tion of 1850, and that it was better to make it a 
fight to the finish and not try to compromise and avoid 
it. So when he came back to St. Louis in May he 
published his appeal to the people of Missouri. Ben¬ 
ton’s stand was this: in the first place, these resolu¬ 
tions really threatened that Missouri would help the 
South break up the Union; in the second place, they 
were passed by the politicians who opposed Benton, 
and not by the people. So Benton refused to accept 
the resolutions as containing what the people of Mis¬ 
souri really wanted, and appealed from the politicians 
and the assembly to the people. 

Benton began his campaign with a speech at Jefferson 
City, and continued it during the summer and autumn 
in a tour through the state. Everywhere he used the 
same argument that the Jackson resolutions threatened 
disunion. As usual when on the stump, Benton used 


THE FALL OF BENTON 


135 


violent, even profane, language. He charged the lead¬ 
ers of the opposition with dishonesty, wife-beating, 
and all sorts of crimes, and when they happened to 
be present when he was making a speech, attacker! 
them unmercifully. His courage as usual was beyond 
question, but his violence offended many moderate 
men. 

Defeat of Benton. — The results of the appeal were 
seen in the state election of 1850. The split in the 
Democratic party was very helpful to the Whigs in 
the close counties. They were the largest group in the 
new assembly which was to elect a United States 
senator. Next came the Democratic followers of 
Benton, and last, his Democratic enemies. But no 
one of these three groups had a majority of the total 
votes. So for days the legislature voted for senator 
without being able to elect any one. Finally, enough 
of the anti-Benton members joined the Whigs to elect 
the Whig candidate for United States senator, H. S. 
Geyer of St. Louis. Benton’s appeal had failed, and 
his service of thirty years as United States senator from 
Missouri came to an end. 

Defeat of Atchison. — Benton, however, had no idea 
of giving up the fight; he never knew when he was 
beaten. His friends stood by him and fought for the 
repeal of the Jackson resolutions. The next assem¬ 
bly, elected in 1852, did little but wrangle over this 
question. In 1854 Atchison’s term as United States 
senator came to an end, and Benton made a desperate 
effort to defeat him. Although an old man, over 


136 


A HISTORY OF MISSOURI 


seventy years of age, he traveled the state from end 
to end and spoke with all his old-time fire and violence. 
Again the legislature was divided into three factions, 
but this time no two of them could unite. After a 
long struggle they gave up the attempt to elect any 
one, and for two years Missouri had only one senator 
at Washington, a Whig. If Benton did not succeed 
j)in getting back to the senate himself, he at least de¬ 
feated his chief enemy, Senator Atchison. 

The End.— Meanwhile, in 1852, Benton was elected 
for one term to the national house of representatives 
from St. Louis, and so returned to Washington, though 
not to the senate. In 1856 he made the last fight of his 
long career. He himself was a candidate for governor, 
and his friends were determined to send him back to 
the United States senate. But Benton had steadily 
lost ground since 1850. Pie was badly beaten in the 
popular vote for governor, and two anti-Benton men, 
Governor Trusten Polk and James S. Green, were elected 
United States senators. After 1855 Benton had suf¬ 
fered torments from an incurable disease, and he died 
at Washington in 1858. 

With all his faults Thomas Hart Benton must be 
judged the greatest man Missouri has produced. He 
was vain, pompous, quick to quarrel, and overbearing. 
Against these faults we must set his absolute and 
unflinching courage in standing up for what he thought 
was right. He showed this courage as a young man 
in Tennessee when he quarreled with Jackson and 
ruined his future in that state; he showed it again in 


THE FALL OF BENTON 


137 


Missouri in his old age. If he had paid little atten¬ 
tion to the Jackson resolutions it would seem that he 
might have been reelected in 1850 in spite of his en¬ 
emies. 

Benton all his life was a hard student and a hard 
worker. He was a man of great ability, probably not 
the equal of Webster or Calhoun in intellect or of Clay 
in eloquence or lovableness, but he stands very high 
among the statesmen in our national history. He 
stood throughout for the West and its interests, and 
the West and Missouri owe him a great debt. Above 
all things, he stood with Jackson and Webster for the 
preservation of the Union. One of the real reasons for 
his defeat was that he remained a Jacksonian Demo¬ 
crat all his life, and his party grew away from him. 


Problem 

How Benton was driven from power, 1848 to 1856. 

Questions 

Explain how Benton’s personality was one cause of the opposi¬ 
tion to him. In what ways was Benton a poor politician? How 
did he treat the younger men? What was Benton’s method in 
politics? Why did it succeed so well up to 1840? What change 
was taking place in the Democratic party? How did this affect 
Benton? How did he show his independence of public opinion in 
Missouri ? 

In what way did his long term of office weaken him ? How did 
he weaken himself still further after 1844? What was his opinion 
on the question of slavery in the new territories ? How did Calhoun 
regard him? What was the opinion of the political leaders in 
Missouri ? 

hist. mo. —9 


138 


A HISTORY OF MISSOURI 


What do you know about Governor King? What were the im¬ 
portant events in his term ? 

Who were the leaders of the new attack on Benton ? What were 
the contents of the Jackson resolutions? What was the purpose of 
the leaders? What was the intention of the majority of those who 
voted for them ? How did Benton take them ? Why ? On what 
grounds did he denounce the resolutions ? Was he right ? What is 
meant by Benton’s “Appeal”? Describe it. What was the re¬ 
sult of the election of 1850? Who was Benton’s successor? How 
was he elected? 

How did the attack on Benton ruin Senator Atchison also ? Why 
did Missouri have only one senator for two years ? Describe Ben¬ 
ton’s last fight. 

What were Benton’s chief faults ? What were his chief virtues ? 
How may he be compared with Webster, Calhoun, and Clay ? What 
were the two most important things Benton stood for throughout 
his career ? How does he rank among Missourians ? 


CHAPTER XV 


THE KANSAS TROUBLES AND THE BREAK-UP OF 
PARTIES, 1854 TO 1860 

Governor Sterling Price. — The desperate struggle 
of Benton to regain control of the Democratic party 
in Missouri did not show itself in the election of the 
governor in 1852. Both factions of the Democrats 
voted for Sterling Price, who was elected. Price was 
a Virginian who came to Missouri in 1831, and was a 
farmer. He had been speaker of the Missouri house 
of representatives from 1840 to 1844, and was elected 
to Congress in the latter year. As you remember, 
he resigned from Congress to lead the second Missouri 
regiment to Santa Fe. Price was the most generally 
popular and trusted of the younger leaders. He played 
a leading part in Missouri history during the Civil 
War. As governor, Price inherited from Governor 
King the problems of the railroads and the Benton 
struggle, and had to deal also with the Kansas troubles. 

Kansas-Nebraska Act. — The Kansas troubles grew 
out of the question of slavery in the territories, a ques¬ 
tion which was tearing the Union asunder. Congress 
had settled the status of slavery in the territory gained 
from Mexico by the Compromise of 1850. California 
was to be a free state, and the people of New Mexico 
and Utah were to decide for themselves whether to 
139 


140 


A HISTORY OF MISSOURI 


permit slavery or not. Oregon was a free territory, 
and the Missouri Compromise barred slavery out of 
all the rest of the country northwest of Missouri. 
Congress had decided on slavery in every foot of 
territory belonging to the United States. 

Meanwhile the people of Missouri and Iowa were 
urging that the section west of these states be thrown 
open to settlement. It was the old western demand for 
more cheap land. For some years Congress refused 
this request for two reasons. In the first place, this 
country had been given over to the Indians as long ago 
as Jackson’s time, and it was felt to be unfair to drive 
them out. Then the Missouri Compromise made it 
certain that any new states growing up here would be 
free states, and the South, as in 1820, was fighting 
to keep the sections even in the senate. 

Finally, in 1854, Congress opened the section by the 
Kansas-Nebraska Act. This act repealed the old 
Missouri Compromise, and set up two new territories, 
Kansas and Nebraska, where the people were to choose 
for themselves as to slavery. No law in our whole 
history had more momentous results. It broke up 
the old Whig party as a national party, it was the ori¬ 
gin of the new sectional Republican party, and in the 
end destroyed the Democratic party of 1860. The two 
sections, after 1854, moved steadily toward civil war. 

Slavery in Kansas. — It was the general opinion 
in 1854 that Kansas would be settled from Missouri 
and the South and become a slave state, while Ne¬ 
braska would be free. The Missourians had a vital 


THE KANSAS TROUBLES 


141 


interest in the establishment of slavery in Kansas. 
Two of Missouri’s neighbors, Illinois and Iowa, were 
free states. If Kansas should be free also, Missouri 
would be a peninsula of slave territory surrounded 
on three sides by free states. Under such conditions 
slavery could hardly survive in Missouri. And Mis¬ 
souri on the whole sympathized with the South’s 
demand for one slave state out of the new section. 
All these considerations must be borne in mind 
when we study the interference of the Missourians in 
Kansas. 

As a matter of fact, Kansas did not become a slave 
state. The first settlers were Missourians, who moved 
across the Missouri when the country was thrown open. 
They were very soon followed by a steady stream of 
northern settlers. Some of these were simply looking 
for new homes in a new country, but the majority of 
them came to Kansas because they hoped by their 
votes to make Kansas a free state. Very many of this 
second class had been assisted in moving, and in set¬ 
tling after they reached Kansas, by the antislavery 
societies in the North. When we consider how much 
Missouri had at stake, it is not hard to understand how 
the Missourians looked at this northern settlement. 
They believed that Kansas was intended to be a slave 
state, and that northerners had no business there any¬ 
way, and they were very angry with the antislavery 
societies. 

“ Border Ruffians.” — The people of western Mis¬ 
souri in particular had no intention to see Kansas 


142 


A HISTORY OP MISSOURI 


pass into the control of the North without a struggle. 
They felt that if northerners were coming all the way 
from New England to vote slavery out of Kansas, 
the Missourians could cross the river and vote slavery 
in. Accordingly several thousand marched into Kan¬ 
sas on election day, voted, and then came home. With 
this assistance, the proslavery party won without diffi¬ 
culty, and the first territorial legislature in Kansas es¬ 
tablished slavery. The antislavery men in Kansas, 
naturally enough, were not satisfied with the election, 
but the legislature was the legal government. So they 
drew up an antislavery constitution, set up an anti¬ 
slavery state government, and asked Congress to admit 
Kansas as a free state. There were thus two govern¬ 
ments in Kansas, one legal, but elected by Missouri 
votes, the other set up by the majority of the actual 
settlers, but not recognized by law. 

Of course these two governments could not exist 
side by side without coming to blows. A local civil 
war broke oui in Kansas, which foreshadowed the na¬ 
tional conflict of a few years later. As soon as the 
trouble began, the proslavery party in Kansas called 
on their friends in Missouri for aid, and the Missourians 
responded. Twice they marched to Kansas and took 
an active part in the war. It was at this time that the 
antislavery party applied the name of “ Border Ruf¬ 
fians ” to the Missouri invaders. As the Missourians 
themselves accepted the name and used it themselves, 
we may also, but it did not give a correct idea of the 
Missourians. No doubt some of them were reckless 


THE KANSAS TROUBLES 


143 


and adventurous young men who went to Kansas for 
excitement and plunder, but the leaders and the ma¬ 
jority of the rank and file were fighting for the prin¬ 
ciple involved. Ex-Senator Atchison was the chief 
organizer of the expeditions, and General Doniphan 
approved of them. The other leaders were of the same 
class of substantial and influential citizens. 

As the war went on, the adventurers and desperadoes 
all through the West flocked to Kansas and joined one 
side or the other for excitement or plunder. John 
Brown, the fanatical abolitionist, horrified even the 
more moderate antislavery men by his cold-blooded 
massacre of five proslavery settlers at Pottawattamie. 
As time went on, the northern element steadily gained 
in strength. Atchison appealed to the South to send 
settlers and slaves, but no slave owner was willing to 
take such perishable property into the midst of civil 
war. Secret societies called Blue Lodges were or¬ 
ganized all through central and western Missouri to 
raise men and money to make Kansas a slave state. 
But the Missourians proved more willing to fight for 
Kansas than to settle there. Finally, in 1857, the 
United States troops stopped the civil war in Kansas, 
and provided for a free election. The antislavery men 
won the control of the territorial legislature, and Kansas 
was lost to the South. 

Governor Trusten Polk. — In the state election of 
1856 Benton, as you will remember, was himself a can¬ 
didate for governor. Although he received more than 
25,000 votes, the anti-Benton candidate, Trusten Polk, 


144 


A HISTORY OF MISSOURI 


was elected. Polk, however, was governor for only a 
few months. When the general assembly met, he 
was elected United States senator and resigned as 
governor. 

Governor Robert M. Stewart. — The special elec¬ 
tion of 1857 to choose Polk’s successor was one of the 
closest in the whole history of the state. The Demo¬ 
crats nominated Robert M. Stewart, who had been 
one of the original anti-Benton leaders. Benton was 
a hopeless invalid in Washington, and his followers 
did not nominate a candidate, but they could not vote 
for Stewart. The Whigs chose James S. Rollins, a 
moderate, and a well-known and popular man. The 
result of the election was in doubt until the last counties 
were heard from. Stewart won by a majority of only 
334 votes. 

Robert M. Stewart was the first governor of Missouri 
of northern birth. He was a native of New York, 
but came to Missouri through Kentucky. He was a 
lawyer at St. Joseph, and a member of the state senate 
through the Benton struggle. Stewart was much 
interested in the railroads, and was president of the 
Hannibal and St. Joseph. In 1861 he was a deter¬ 
mined opponent of secession, and a firm friend of the 
Union. During his term as governor the railroads 
were still a difficult question, and the Kansas troubles 
broke out again in a new form. 

“Jayhawkers.” — After 1857 there was no longer 
any use for the Missourians to interfere in Kansas, 
so the Missouri invasions stopped. Instead, in the 


THE BREAK-UP OF PARTIES, 1860 145 

next three years there were numerous invasions of 
southwest Missouri from Kansas. In a few cases the 
“ Jay hawkers,” as the Kansans were called, were really 
trying to attack slavery. John Brown came back for 
a few months and carried off a number of slaves and 
horses from Missouri. But the great majority of the 
“ Jayhawkers ” were little more than robbers and 
horse thieves who came into Missouri for plunder. The 
governor of Kansas and the United States troops tried 
to break up these bands, but the situation became so 
bad in 1860 that Governor Stewart sent a force of 
militia to the western border to protect the settlers. 
This border warfare added still more to the confusion 
and excitement in Missouri. 

National Parties. — It is not necessary to say much 
about the national elections in Missouri through this 
period until we reach the campaign of 1860. Missouri 
voted for the Democratic candidate for President every 
time. The fight against Benton did not make any differ¬ 
ence, for Benton always supported the national Demo¬ 
cratic ticket. In 1856 he vigorously opposed his own 
son-in-law, Fremont, whom the Republicans had nom-, 
inated. But in 1860 the conditions were different. 
The old national Whig party went to pieces after the 
Kansas-Nebraska bill was passed, and a northern 
party, the Republican, appeared. In 1860 the Demo¬ 
cratic party also split on the same old question of 
slavery in the territories. When you remember that to 
all this confusion in national politics there was added 
in Missouri the hard feelings of the Benton fight and 


146 


A HISTORY OF MISSOURI 


the excitement over Kansas, it must be clear that the 
old party divisions were fast disappearing. 

Problem 

The Kansas-Nebraska Act and its results. 

Questions 

What do you know of Sterling Price ? What were the chief prob¬ 
lems during his term ? 

How had Congress settled the slavery questions in 1850? What 
was the standing of slavery in the various territories after this set¬ 
tlement ? Why were Iowa and Kansas anxious for a new territory 
to the west ? Why did Congress at first refuse to act ? What were 
the terms of the Kansas-Nebraska Act? What did it say as to 
slavery ? What were the results of that act ? 

What was expected as to slavery in Kansas ? in Nebraska ? Why 
was Missouri interested as to Kansas? How would a free Kansas 
affect Missouri? Who were the first settlers in Kansas? What 
were the two kinds of northern settlers ? What part did the north¬ 
ern antislavery societies play? What was the feeling in Missouri? 

How did Missouri aid the proslavery settlers in Kansas ? What 
action did the antislavery people take? What was the situation 
in Kansas? What share did Missouri take in the civil war there? 
Does “Border Ruffians” describe the Missourians ? What part did 
John Brown take ? Why did so few slave owners move to Kansas ? 
How did the civil war in Kansas end ? 

Describe the state election of 1856. What do you know of 
Trusten Polk? Why was a special election necessary in 1857? 
Describe the candidates, and the election. What do you know of 
Robert M. Stewart? Describe the “border warfare.” Who were 
the “ Jay hawkers ” ? 

Describe the break-up of national parties in 1860. 


CHAPTER XVI 


PROGRESS OF THE STATE, 1845 TO 1860 

The Railroads. — Meanwhile, in spite of all the 
confusion in politics in the forties and fifties, Missouri 
continued to grow in population and wealth. The 
most important development of the period was the 
coming of the railroads. You remember that rail¬ 
roads were proposed in the thirties and railroad com¬ 
panies formed, but that the panic ruined these early 
plans. In the forties, when the state was again pros¬ 
perous, there was a strong demand for this better way 
of getting crops to market. But there was not money 
enough in Missouri to build the railroads needed. Most 
of the people were just prosperous farmers with little 
ready money. So the demand came that the state 
government should help by lending money to the rail¬ 
roads and that Congress should give them public land 
along their lines. 

After long discussion the legislature in 1851 began 
to advance money to aid the new undertakings. The 
plan was for the state to lend the railroads state bonds, 
which the railroads could sell. The railroads were 
to pay the interest on these bonds and give the state 
a mortgage to pay for the bonds later. In 1852 Con¬ 
gress also lent its aid by giving the Missouri railroads 
great grants of public lands. With these helps the 
147 


148 


A HISTORY OF MISSOURI 


railroad building began. On the fourth of July, 1851, 
the first spadeful of earth was turned for the Pacific 
road, now the Missouri Pacific, and others began work 
soon afterward. But construction went on very slowly. 
The contractors and engineers knew little about rail¬ 
road building, and had to learn as they went along. 
The work cost a great deal more than was expected, 
and even with all the help received it was hard to raise 
money enough. 

Early Roads. — The first locomotive west of the 
Mississippi was put on the rails of the Pacific route 
at St. Louis late in 1852. Three years later this road 
had almost reached Jefferson City. When the war 
broke out it was completed only as far as Sedalia. 
The Pacific did not reach Kansas City until 1865. 
The Hannibal and St. Joseph (now the Burlington) 
was more successful, and finished its line across the 
state in 1859. St. Joseph became the starting point 
for California and Oregon, and grew very rapidly. 
Other roads built before the war were the North Mis¬ 
souri (now the Wabash), as far as Macon, the Iron 
Mountain, as far as Pilot Knob, and the Southwest 
Branch (now the Frisco), as far as Rolla. 

State Debt. — The plan of aiding railroad building 
proved much more costly than was expected. All 
through the fifties every assembly was requested for 
loans for new railroads or for more aid for the original 
undertakings. Altogether, the state handed over to 
the railroads before 1860 bonds for an amount be¬ 
tween twenty-three and twenty-four millions of dollars. 


PROGRESS, 1845 TO 1860 


149 


The railroads in return had given the state mortgages to 
pay the interest of the bonds and to repay the principal 
at a later date. But by 1860 most of the railroads were 
unable to pay the interest. Then came the war, which 
almost ruined the railroads. In the end the state was 
forced to foreclose the mortgages, and the railroads 
were sold for only a small part of the value of the 
bonds. The result was that the state was burdened 
with a heavy debt, which required years to pay. 

Population. — New settlers continued to come to 
Missouri as they had from the beginning. Between 
1840 and 1850 the population increased about three 
hundred thousand, more than three fourths, to over 
six hundred eighty thousand (682,044). In the next 
ten years the increase was about a half million, again 
about three fou ths, and the total was nearly twelve 
hundred thousand (1,182,012). In 1850 Missouri 
was thirteenth in rank among all the states, and in 
1860 eighth. In 1860 Missouri was the most populous 
of the slave states except Virginia, and in white popu¬ 
lation led them all. The greater increase was still 
north of the Missouri river, although the southwest 
was also growing very fast. In 1860 all the counties 
we have to-day had been organized, except Worth on 
the Iowa line, Pemiscot in the southeast, and the city 
of St. Louis. 

The period of very rapid growth was over by 1860. 
The better lands, except in parts of the southwest, 
had been taken up. Already Missouri was sending 
out her sons to open up the Far West. Soon after 


150 


A HISTORY OF MISSOURI 


1840 Missouri farmers began to move into the Willam¬ 
ette valley in Oregon and into southern California. 
Thousands of Missourians joined the rush to Cali¬ 
fornia in 1849. Thousands more went to Colorado 
when gold was discovered there just before 1860. 
Many of the latter painted on their wagons “ Pike’s 
Peak or Bust ”; some came back with the motto 
changed to “ Busted,” but most of them stayed. 

Northern and Foreign Immigration. — The char¬ 
acter of the people changed to a marked degree after 
1840. For the first time in 1850 more of the Americans 
in Missouri were born in the state than were born in 
other states. Then more and more of the newcomers 
were no longer from the South or border states, but 
from the North and from foreign countries. In 1860 
over one seventh of the whites in Missouri were born 
outside the United States, for the most part in Ire¬ 
land and Germany. The Irish were to be found in and 
near St. Louis; the Germans, in the city and on the 
farms in neighboring counties. Another seventh of 
the white population were natives of northern states. 
Ohio, Illinois, and Indiana were the best represented, 
with many from New York and Pennsylvania. 

Slavery. — Up to 1850 the slave population was 
increasing in Missouri about as fast as the white, but 
between 1850 and 1860 it increased only about a third 
as fast. In 1860 less than one tenth of the total popu¬ 
lation were slaves. This is what one would expect, 
for of course the foreigners and the northerners 
brought no slaves with them. And the slaves in 1860 


PROGRESS, 1845 TO 1860 


151 


were increasing in less than a quarter of the counties; 
namely, the old slave counties along the Missouri 
and the Mississippi. In many of the newer counties 
the negroes were being crowded out by white labor, 
and actually decreasing in number. Slavery was never 
very well suited to Missouri. The state had no great 
staple crop like cotton or tobacco, and so no large plan¬ 
tations. Except perhaps in raising hemp along the 
Missouri, the slaves were used as household servants 
or for general work on the farms. For this general 
work the slaves were not nearly so profitable as white 
labor; they were not so intelligent or so industrious. 
By 1860 it was evident that slaves, except as household 
servants, would be less and less important in the future. 

Cities. — Another great change in the state after 
1840 was the wonderful growth of St. Louis. In the 
next ten years the city increased almost fivefold, to 
nearly seventy-eight thousand people; in the ten years 
following it more than doubled, to a little over one 
hundred sixty thousand in 1860. St. Louis was now 
the largest of the western cities, and stood seventh 
among the cities of the whole country. It was the 
center of trade for the upper Mississippi country, which 
was filling up very fast with settlers, and for the West 
and Southwest. St. Louis was also becoming a great 
manufacturing city. Outside of St. Louis the only 
really important cities were Independence and St. 
Joseph. Almost all the people of Missouri were still 
farmers, and the wealth of the state was in her crops 
and cattle. 


152 


A HISTORY OF MISSOURI 


With all this increase in prosperity and in numbers 
went a keener interest in education and charity. The 
public school system had been already adopted, but it 
amounted to very little until the legislature began in 
1853 its liberal appropriations for the public schools. 
About the same time the state began to establish 
asylums for the unfortunate: the blind, the deaf and 
1 dumb, and the insane. Among the people generally 
there was growing interest in charity, in forming cir¬ 
culating libraries, and in education. Missouri was ready 
and willing to spend her wealth for worthy causes. 

Forty Years of Progress. — In the forty years of 
statehood since 1820 Missouri had made wonderful 
use of her advantages. The greater part of her more 
fertile soils had been cleared and brought under the 
plow; population had increased almost eighteenfold. 
There were two and a half times as many people in 
St. Louis alone as in the entire state in 1820. Her 
merchants had reached out for the trade of the whole 
Northwest and Southwest, and St. Louis was the 
metropolis of the whole Mississippi valley. Missouri 
had become in her turn a colonizing state, and her sons 
were helping to found new commonwealths in the Far 
West. In the higher things in life, in the interest in 
education, charity, and religion, the progress could 
hardly be estimated. 

The Approaching Crisis. — On the other hand, the 
most important crisis of her history awaited her. The 
South was about to attempt to leave the Union, and 
the North was to maintain the Union by force of arms. 


PROGRESS, 1845 TO 1860 


153 


Missouri had to join one section or the other. By 
ties of blood and sympathy Missouri still leaned toward 
the South, but, as we have seen, her real interests 
were becoming more and more western. Nearly a 
third of her people were not of southern blood. Clearly 
the choice was terribly difficult to make. 

Problem 

The development of the state from 1845 to 1860. 

Questions 

What were the first railroads proposed in Missouri ? What was 
the great obstacle to building them ? How was it proposed to over¬ 
come this? How did the state aid the railroads? When did the 
actual building begin? Why did it progress so slowly? What 
was the first locomotive west of Mississippi ? Describe the progress 
of the Pacific road. What other roads were building? How much 
was completed before the war? How much state aid was given? 
How did the state debt originate ? 

How much did the population increase between 1840 and 1850? 
between 1850 and 1860? What was the rank of Missouri in 1860 in 
the nation ? among the slave states ? How many counties have been 
organized since 1860 ? What new sections did Missouri colonize ? 

What part of the Missourians in 1860 were born in Missouri? 
in northern states ? in foreign countries ? How much had the slaves 
increased up to 1850? from 1850 to 1860? Where in the state 
was slavery flourishing? Was Missouri suited to slavery? Why? 

How rapidly did St. Louis grow from 1840 to 1850? from 1850 
to 1860 ? Why ? What was the rank of St. Louis among the cities 
of the country in 1860 ? What were the other important cities in 
Missouri ? 

Describe the improvements in education; in charity. 

What were the important fields in which Missouri made great 
progress, 1820 to 1860? 

Why was Missouri’s choice between the North and the South 
so difficult ? 

HIST. MO. — 10 


CHAPTER XVII 


MISSOURI TAKES HER STAND FOR COMPROMISE 

Election of i 860 . — The event which brought about 
the secession of South Carolina and the division of the 
nation was the election as President of Abraham Lin¬ 
coln, the Republican, or northern, candidate. The 
danger of this result was evident all through the cam¬ 
paign, and had a great effect on the voters, especially 
in the border states. So if we are to understand how 
this election showed the opinion of Missourians, we 
must know more about the parties and candidates in 
this election and what they stood for. 

The Republican party was a northern, antislavery 
party. Its most important principle was, no more 
slavery in the territories, and so no more slave states. 
The Constitutional Union party was made up of many 
old Whigs and conservative men generally, and nomi¬ 
nated John Bell of Tennessee. This .party stood for 
compromise between the sections, and the preservation 
of the old Union. The Democratic party, the last of 
the old national organizations, split into two factions. 
The northern Democrats insisted that the people in the 
territories should decide for themselves as to slavery, 
and nominated Stephen A. Douglas of Illinois. But 
this plan of Popular Sovereignty, as it was called, had 
154 


THE STAND FOR COMPROMISE 


155 


worked so badly in Kansas that the southern Democrats 
would not accept it. They demanded that Congress 
should protect slavery everywhere in the territories. 
Their candidate was John C. Breckinridge of Kentucky. 

Governor Claiborne F. Jackson. — Missouri was 
called upon to decide between these different parties 
in the state election of August, 1860. The Demo¬ 
cratic managers tried very hard to hold their party 
together, but in vain. They nominated Claiborne 
F. Jackson for governor, and tried to remain neutral 
between the northern and southern wings of their 
party. But the rank and file insisted that Jackson 
come out for Douglas, and he did so. At once the more 
radical southern Democrats set up a Breckinridge 
candidate. The conservatives, or old Whigs, nominated 
Sample Orr, and the Republicans also had a candidate 
in the field. The real contest was between Jackson 
and Orr, and Jackson won. The Republican and 
Breckinridge Democratic candidates were far in the 
rear. An overwhelming majority of the people voted 
either for the moderate northern Democratic platform 
or for the conservative, which stood for compromise 
and the Union. 

Claiborne F. Jackson was a native of Kentucky, and 
came to Missouri in 1825. He had served in the gen¬ 
eral assembly as speaker of the house and state senator 
from 1842 to 1854, and was one of the most prominent 
of the younger generation of leaders. He had been 
an original anti-Benton man, and gave his name to 
the famous Jackson Resolutions. 


156 


A HISTORY OF MISSOURI 


In the election for President in November, Missouri 
spoke even more plainly. Douglas beat Bell by only 
429 votes. The votes for Breckinridge and Lincoln, 
the radical candidates, taken together, were ten thou¬ 
sand less than the vote for Douglas. The two moder¬ 
ate candidates had about seven tenths of all the votes 
cast. Bell was strongest in the old conservative slave¬ 
holding Whig counties. Lincoln received few votes 
except in St. Louis and the, counties near by, where the 
Germans were numerous. The Republican party had 
a very able leader in Benton’s old lieutenant, Frank 
P. Blair, but attracted very few native votes. Once 
more, in November as in August, Missouri had chosen 
the side of moderation and compromise. 

When South Carolina seceded from the Union in 
December, and the other cotton states followed her 
lead in January, the chances for compromise grew less. 
The radical southern sympathizers in Missouri de¬ 
clared that the state must now prepare to join her 
sister slave states if the Union was to be dissolved. 
Governor Jackson himself in his inaugural address 
urged very strongly that if the Union was to be dis¬ 
solved, Missouri must go with the South. But Gov¬ 
ernor Stewart, whose term had just ended, in his fare¬ 
well address took a different view. He declared that 
Missouri ought to stand by the Union. Both agreed 
that the antislavery men in the North were the people 
really responsible for the threatened break-up of the 
Union, and both agreed that Missouri ought to make 
every effort to bring about a compromise. They did 


THE STAND FOR COMPROMISE 


157 


not agree as to which side Missouri should choose if 
compromise failed. 

The Convention. — This choice was too serious a 
matter to be left to the legislature; the people them¬ 
selves must decide. The assembly accordingly called 
for the election of a convention which should consider 
what action Missouri ought to take in regard to seces¬ 
sion. It was in this election that the people of Missouri 
really made their choice. Meanwhile, in Washington, 
President Buchanan was merely drifting, trying to 
avoid civil war until Lincoln should be inaugurated on 
March 4. The more moderate members of Congress, 
especially those from the border states, were trying 
desperately to find some new compromise that the 
Republicans would accept, and that would bring the 
cotton states back into the Union. Virginia had called 
a Peace Congress from all the states to draw up just 
such a compromise. That is, in January and February, 
even as late as March, 1861, there seemed still some 
hope that once more, as in 1820 and in 1850, a compro¬ 
mise might be worked out that would hold the sections 
together. This was the situation when the people 
of Missouri elected their convention. 

Election of the Convention. Very few people in 
the state were in favor of immediate secession; almost 
all favored more attempts at compromise. But there 
the agreement stopped. Almost all the Republicans 
and many northern Democrats and some old Whigs 
believed that Missouri ought to stay in the Union 
no matter what happened. These were called the 


158 


A HISTORY OF MISSOURI 


“ unconditional Union men.” They were strongest in 
St. Louis, and Frank P. Blair was their leader. Another 
group, to which the governor and many of the state 
officers and Democratic leaders belonged, believed that 
if compromise failed Missouri ought to secede, and 
that the convention ought to say this plainly. These 
were the southern sympathizers. 

But the great body of the people, as the election 
showed, agreed with neither of these extreme factions. 
They agreed that things might turn out so that in the 
end Missouri would join the South; that is, they 
refused to pledge themselves to the Union uncondi¬ 
tionally. On the other hand, they refused just as 
strongly to pledge themselves to secession if Congress 
could not agree on a compromise. They insisted that 
Missouri should continue the fight to preserve the old 
Union. This group of “ conditional Union men ” was 
by far the largest in the state. It included most of 
the old Whigs and the slaveholding counties, and the 
majority of the Democrats. In the election they gained 
a majority in the convention and, it was estimated, 
a majority of 80,000 in the total vote. Once more 
and even more clearly the people of Missouri had 
spoken for moderation and compromise. 

Action of the Convention.—When the convention met 
it elected as its president, ex-Governor Sterling Price. 
The chairman of the committee which framed the 
resolutions expressing the will of the convention was 
Hamilton R. Gamble. The leader of the majority 
on the floor was John B. Henderson. All three had 


THE STAND FOR COMPROMISE 


159 


been elected as conditional Union men. It is impos¬ 
sible to give a list of all the men of first-rate ability 
who were members. The people in the election gen¬ 
erally forgot the old party divisions and chose the 
ablest men from the different sections. 

The resolutions drawn up and presented by Gamble 
were seven in number. The first and most important 
was that at present there was no adequate cause to 
impel Missouri to secede from the Union. This was 
adopted with only one vote against it. The resolu¬ 
tions then declared that Missouri would support most 
heartily the attempts at compromise still going on at 
Washington, and that meantime she called upon both 
North and South to avoid civil war. Finally, the con¬ 
vention decided not to disband, but to adjourn to meet 
again if necessary. 

The more radical southern sympathizers in the con¬ 
vention did not wish that Missouri should secede at 
once. They made no attempt to pass an ordinance 
of secession through the convention. But they did be¬ 
lieve that if all attempts at compromise failed Missouri 
must go with the South. They fought hard to per¬ 
suade the convention to say this plainly, and pledge 
Missouri to secede if the Union were broken up or civil 
war broke out. The majority of the convention abso¬ 
lutely refused to give any pledge for the future. 

It must be remembered, however, that the conven¬ 
tion gave no pledge that Missouri would stay in the 
Union under any and all circumstances. No doubt 
many of the majority felt that when all hope of com- 


160 


A HISTORY OF MISSOURI 


promise was gone, Missouri could not join the North. 
Very many believed that in case of civil war Missouri 
and the other border states should remain neutral, 
helping neither North nor South. But the great ma¬ 
jority clung to the hope of compromise even yet. 

Problem 

Would Missouri go with the North or with the South? 

Questions 

What brought about the secession of South Carolina ? What was 
the national, Republican platform and who was the Republican 
candidate for President in 1860? the Constitutional-Union? the 
northern Democratic? the southern Democratic? Who was the 
Democratic candidate for governor? Was he a Douglas or a 
Breckinridge Democrat ? Who were the candidates of other par¬ 
ties? What did the result of the election show about public 
opinion? What do you know about Claiborne F. Jackson? 

What was the result of the presidential election in Missouri ? In 
what parts of the state was the strength of the Constitutional- 
Union party? of the Republican? Who was the Republican 
leader ? What evidence did this election give of public opinion ? 

What stand did Governor Stewart take on secession ? Governor 
Jackson? How far were they agreed? Where did they differ? 
What was the purpose of the convention ? What attempts at com¬ 
promise were being made at Washington? Did there seem to be 
any hope of success ? 

What were the factions in the election of the convention ? What 
did each stand for? What was the result of the election? Who 
was chosen president of the convention ? Who were other promi¬ 
nent leaders ? What was the first resolution adopted ? What were 
the others ? What did the southern sympathizers demand ? Why 
did the convention refuse to grant it ? To what did the convention 
pledge Missouri ? 


CHAPTER XVIII 


THE FIGHT FOR MISSOURI 

The Radical Southern Party. — Meanwhile Governor 
Jackson and the southern sympathizers were not con¬ 
tent with the action of the convention. They, too, 
would have welcomed compromise, but they did not 
believe it was possible. They were certain that war 
must come, and were determined that Missouri should 
join the South. This faction was much stronger 
at Jefferson City than in the convention. Governor 
Jackson, the lieutenant governor, and the secretary 
of state, and the largest group in the legislature, 
though not a majority, all belonged to it. They be¬ 
lieved that the state ought to be put on a war footing, 
so as to be able to defend itself and help the South when 
civil war came. To accomplish this they tried to 
pass a bill reorganizing the militia, and Governor Jack- 
son laid his plans to get control of the United States 
arsenal at St. Louis. The results of the election for 
the convention tied Jackson’s hands, however, for the 
assembly refused to pass the militia bills when the 
people had spoken so plainly for peace. 

The Unconditional Union Party. — The party that 
was determined that Missouri must stay in the Union 
under any circumstances and fight for the Union if 
161 


162 


A HISTORY OF MISSOURI 


necessary, also expected civil war and prepared for it. 
The great majority of these unconditional Union men 
were the Americans and Germans in St. Louis who 
had voted for Lincoln in 1860. After South Carolina 
seceded, this party began to organize military clubs. 
These clubs met regularly and drilled just as militia 
companies would, but the men had no guns. Frank 
P. Blair was the leader in this movement, and the most 
energetic Union man in the state. 

The Arsenal. — So Blair had his men ready and 
trained to fight for the Union. Governor Jackson 
knew that there were thousands of Missourians who 
would join him and fight for the South when he called 
for them. But neither party had guns and ammuni¬ 
tion. Now, in the United States arsenal at St. Louis 
there were about fifty thousand guns and plenty of 
powder and shot. You can see what a tremendous 
advantage it would be for either side to get control of 
this arsenal. Both Blair and Jackson laid their plans 
with this in view. Jackson’s plans were badly dis¬ 
arranged when the people in the election for the con¬ 
vention declared so strongly against secession. For 
some months he could make little progress. 

One of the chief reasons why Blair organized his 
followers was to keep the arsenal out of the hands of 
the southerners, but for a long time he found it im¬ 
possible to get the arms for his own followers. The 
guns were government property, and could hardly be 
turned over to these military clubs, even though they 
were strongly Union. Then all but one of the United 


9 



163 


















164 


A HISTORY OF MISSOURI 


States army officers at St. Louis were conservative 
men and did not approve of Blair and his plans. This 
one exception was Nathaniel Lyon, a more uncom¬ 
promising Union man than Blair himself. The two 
men worked in perfect harmony. Blair used all his 
great political influence with President Lincoln to have 
Lyon promoted and put in command at the arsenal. 
Blair’s brother was a member of Lincoln’s cabinet, and 
he urged the same plan. Lincoln finally consented. 
With Lyon in command there was no danger that the 
arsenal would be given up without a struggle, but the 
Union companies were still unarmed. 

Firing on Fort Sumter. — In April, 1861, came the 
firing on Fort Sumter in Charleston harbor by the 
Confederates, and Lincoln’s call for troops to put down 
secession. The civil war which Missouri had done her 
best to prevent had come, and compromise was now 
impossible. What would the conditional Union men 
of Missouri do now? Their answer would decide the 
fate of the state. In the first excitement it seemed as 
if the majority of them would join the South. They 
were indignant that Lincoln should call on Missouri 
to furnish troops to subdue the South, and applauded 
Governor Jackson when he indignantly refused to 
obey. But the North rose as one man in support of 
the Union. Kentucky refused to secede, and declared 
that she would not aid either side. After a few days 
the excitement died down, and the majority of the con¬ 
ditional Union men in Missouri took the same view. 
Probably a great majority of the Missourians in April 


THE FIGHT FOR MISSOURI 


165 


and May honestly desired that Missouri should remain 
neutral. 

The firing on Fort Sumter converted the southern 
sympathizers into active secessionists and carried over 
to them the minority of the conditional Union men. 
Governor Jackson determined to carry the state out 
of the Union at all costs. He called together the gen¬ 
eral assembly and secretly sent South for guns to 
use against the arsenal. He also ordered the militia 
throughout the state to go into camp for six days for 
drill and practice. For the St. Louis department 
General Frost planned a camp on the outskirts of St. 
Louis. With this militia force and the artillery sent 
secretly from Louisiana, the secessionists hoped to 
capture the arsenal. With the arms in his possession 
and the general assembly to support him, the governor 
believed he could carry Missouri out of the Union. 

But when Governor Jackson refused to furnish Mis¬ 
souri militia at Lincoln’s call, Blair offered his Union 
companies as volunteers. They were accepted and 
mustered into the United States service. Then they 
were armed at once from the arsenal. Blair and Lyon 
now had a well-trained and well-equipped force of 
Union troops. The fight for the arsenal had been 
won by the unconditional Union party. The remainder 
of the guns were sent over to Illinois for safekeeping. 

Camp Jackson. — The Missouri militia assembled 
at St. Louis as ordered, although they now had no 
hopes of securing the arsenal. They pitched their 
tents at Camp Jackson, just outside the city. The 


166 


A HISTORY OF MISSOURI 


Union officers and men had resigned, so that these 
six or seven hundred Missouri militia were all strong 
southerners. The United States officer, General Har¬ 
ney, who was in command at St. Louis, was absent 
from the city, and Lyon had a free hand. Blair and 
Lyon determined to strike first and strike hard and 
capture this militia. They believed that unless this 
were done these militia camps would serve as rallying 
places for the ardent southerners, and that the governor 
would soon have military control of the state. 

Accordingly, on the tenth of May, Lyon surrounded 
Camp Jackson with a force at least ten times as large 
as the militia there, and summoned General Frost to 
surrender. He had no choice but to obey, although 
he protested against this interference with the state 
militia. On the march back to the arsenal there was 
an unfortunate street fight between the soldiers and 
the excited crowd, and a number of persons were 
killed. 

Militia Act. — The immediate effects of this capture 
of Camp Jackson were disastrous to the Union cause. 
Wildly exaggerated reports spread through the state 
that the German troops were burning and plundering 
St. Louis, and anger at this attack on the state militia 
by United States troops was universal. At Jefferson 
City the assembly had been hesitating, in spite of the 
firing on Fort Sumter. The governor was still unable 
to persuade it to put the state on a war footing, until 
the news of this attack reached it. Then in a few 
minutes it passed a very radical militia law and gave 


THE FIGHT FOR MISSOURI 


167 


the governor nearly dictatorial power to defend the 
state. Now at last Governor Jackson and his friends 
had laws which permitted them to raise an army. 
Men hastened to enlist in the state militia, not only 
the radical southern sympathizers, but many condi¬ 
tional Union men who volunteered to defend the state 
rather than to fight for the South. 

> Among those who now cast in. their lot with the gov¬ 
ernor was Sterling Price, who was at once appointed 
commander in chief of the militia, or state guard. 
Price was the most respected and admired leader in 
Missouri, and his example was followed by many. 
Price loved the Union and had disapproved alike of 
the radical plans of Blair and Lyon on one side and of 
Jackson on the other. Now with sincere regret he 
made his choice and cast his lot with his state rather 
than with the Union. 

Price-Harney Agreement. — The men for this state 
army were to be had in abundance, but arms were 
lacking. General Harney meanwhile had returned to 
St. Louis and restored order and confidence. He ap¬ 
proved of the capture of Camp Jackson, but made one 
last effort to avert open war. At his invitation Gen¬ 
eral Price visited St. Louis, and the two reached 
an understanding usually known as the Price-Harney 
agreement. Price promised that the militia should 
be used only to keep order and restore peace, and 
Harney promised not to interfere in the state outside 
of St. Louis. It really amounted to a recognition 
that Missouri would be neutral. It was welcomed by 


168 


A HISTORY OP MISSOURI 


the governor, as it gave time to organize the militia 
and secure arms. 

Neither the government at Washington nor Blair and 
Lyon at St. Louis had any patience with this agreement. 
General Harney was recalled and Lyon appointed 
to the general command in his place, and Lyon would 
not permit Missouri to remain neutral. He called for 
troops from Iowa and Illinois, organized Union militia, 
or home guards, in the state, and prepared for war. 
In a last desperate effort to avert this, Governor Jack- 
son and Sterling Price themselves came to St. Louis 
and held a conference with Blair and Lyon. The 
governor demanded that the state be allowed to re¬ 
main neutral; Lyon absolutely refused. There was 
nothing left but war. 

Clearly, Missouri was not permitted to make a free 
choice between North and South. Because of this 
interference by the national government at the demand 
of Blair and Lyon it will always be hard to speak posi¬ 
tively about the real wishes of the Missourians. It is 
certain, however, that at no time were a majority of the 
people in favor of secession. Even after the firing on 
Fort Sumter and the attack on the state militia at 
Camp Jackson, neutrality was as far as the majority 
of the people seemed willing to go. Of course neu¬ 
trality was really out of the question, and if let alone 
the people must have realized it. In Kentucky, where 
Lincoln knew the people and refused to interfere, neu¬ 
trality soon gave place to support of the Union. On 
the other hand there were thousands of Missourians 



169 




























170 


A HISTORY OF MISSOURI 


who were determined to fight for the South. Perhaps 
the safest statement is that whether Missouri seceded 
or not, her people would be divided and there would 
be a civil war within the state itself. 

Problem 

The fight for Missouri. 


Questions 

What did Governor Jackson believe Missouri ought to do? 
Where was he strongest? What two things did he need for his 
plans? What checked him for a time? What was Blair’s plat¬ 
form? Describe the military clubs. Why was the arsenal so im¬ 
portant to both sides? What blocked Blair’s plans? Who aided 
him ? Why did Blair have so much influence at Washington ? 

What effect did the firing on Fort Sumter have on the southern 
sympathizers? On the conditional Union men? How did Gov¬ 
ernor Jackson reply to Lincoln’s call for troops? What was the 
public opinion in Missouri in April and May, 1861 ? What were 
Jackson’s plans now ? How did he call the militia together ? How 
were Blair’s men finally armed ? What was the effect ? 

Why did Blair and Lyon decide to attack Camp Jackson ? What 
effect did the attack have on the people? on the assembly? Was 
the attack justifiable? What laws did the assembly pass? De¬ 
scribe the opinions of Sterling Price. What was the Price-Harney 
agreement ? How was it received by Lincoln ? 

| Describe the conference between Lyon and Jackson. What did 
Jackson propose? What was Lyon’s reply? What was the re¬ 
sult ? 

Why is it hard to say what the people really wanted in 1861 ? 
Why was neutrality impossible ? Compare the conditions in Ken¬ 
tucky with those in Missouri. What does seem certain about the 
Missourians ? 


CHAPTER XIX 


THE CIVIL WAR IN MISSOURI 

When Governor Jackson left St. Louis after the last 
conference with General Lyon, he destroyed the rail¬ 
road bridges behind him. He called for fifty thousand 
militia to protect the state from invasion, and hastened 
the organization of his army. There seems to be no 
doubt that many answered his call who never would 
have fought for the Confederacy. General Lyon acted 
just as promptly. He sent an expedition through 
Rolla to the southwest, to cut off Jackson’s retreat, 
and moved himself against Jefferson City by river 
steamboats. 

Boonville. — Jackson and Price were unable to re¬ 
sist him. Their troops were few in number, poorly 
armed and trained. They abandoned the capital. 
Jackson went south, and Price retreated westward. f 
The state guards made a stand at Boonville, but Lyon 
scattered their little force without difficulty. Price 
was forced to retire slowly into the southwest part of 
the state, picking up volunteers all along his march, 
while Lyon occupied the towns on the Missouri. So 
at the very beginning the Federals got control of the 
Missouri, and cut off the whole northern part of the 
state from the south. 


171 


172 


A HISTORY OF MISSOURI 


Carthage. — Meanwhile the Federal force sent from 
St. Louis had reached the southwest. Near Carthage, 
their commander, Sigel, tried to block the retreat of 
Governor Jackson, but his force was outnumbered 
nearly three to one, and he was forced to retreat to 
Springfield and wait for Lyon. Jackson then joined 
Price, and all the state guards went into camp at Cow- 
skin Prairie, at the very corner of the state. Price set 
about organizing and drilling this force as well as he 
could, but very many of the men were unarmed, and 
Price had no arms to give them. 

A few miles away, across the Arkansas line, was a 
well-equipped Confederate force under General McCul¬ 
loch. Price and Jackson urged him to cross over into 
Missouri and help them. Lyon was hastening south¬ 
ward toward Springfield with a well-trained force, and 
Price could not hope to defeat him without aid. But 
Missouri had not seceded, so for some time McCul¬ 
loch refused to enter the state. His orders forbade 
him to invade Federal territory, and Missouri was still 
in the Union. After a great deal of persuasion Price 
induced McCulloch to enter Missouri and join forces 
with him, and after much more persuasion to march 
on Springfield to attack Lyon. 

Wilsons Creek. — Lyon was in a difficult position. * 
He was miles from a railroad, supplies, and reenforce¬ 
ments; General Fremont at St. Louis sent him no 
aid, and he was outnumbered about two to one in 
effective men. If he tried to retreat, he was almost 
sure to be overwhelmed, and retreat would be very 


THE CIVIL WAR IN MISSOURI 


173 


discouraging to the Union men in the state. So he 
resolved to fight, and moved out of Springfield to the 
attack. The two armies came together at Wilsons 
Creek. The battle was fought with desperate bravery 
and terrible losses on both sides. The Union forces 
could not maintain themselves against the fresh troops 
that McCulloch and Price brought up, and just at the 
critical moment Lyon was killed while leading his men. 
But McCulloch was not willing to follow the Union 
army when it retired from the field, and it finally 
reached Rolla and the railroad in safety. 

After the battle of Wilsons Creek, McCulloch retired 
to Arkansas and Price marched north to the Missouri 
river, gathering recruits as he went. Price was partic¬ 
ularly anxious to break the Federal patrol of the Mis¬ 
souri river, so that the southern sympathizers north of 
the river could join him. For this reason he attacked 
the Federal force at Lexington. After an engagement 
lasting over two days he forced it to surrender. Again 
Fremont had failed to support his own troops. In fact, 
because of the defeats at Wilsons Creek and Lexington, 
and for his radical views on slavery, Fremont was 
becoming very unpopular with the Union men in 
Missouri. After the battle at Lexington he took the field 
in person and led a large force to the southwest. Price 
was forced to retreat once more, and Fremont followed 
him to Springfield. But before he could overtake Price 
and force a battle, Fremont was recalled to Washington. 

Ordinance of Secession. — Although Governor Jack- 
son had called out the state guards to protect the state 


174 


A HISTORY OF MISSOURI 


from invasion, they were fighting against the Federal 
troops. In the Wilsons Creek campaign they fought 
shoulder to shoulder with the Confederates. If they 
were to be successful, Confederate aid in the future 
would be necessary. As we have seen, this was not 
easy to bring about as long as Missouri was in the 
Union. So to simplify matters and recognize the real 
situation, Governor Jackson called the general assembly 
together at Neosho. Only a small part of the members 
responded. This minority adopted an ordinance of 
secession. The Confederate government then admitted 
Missouri to the Confederacy, and Price received a com¬ 
mission in the Confederate army. Missouri was there¬ 
after regularly represented in the Confederate Congress 
at Richmond, Virginia. 

Pea Ridge. — Fremont’s advance had forced Price 
to withdraw to Arkansas and join the Confederate 
army there. A few months later the Federal forces 
followed him. At Pea Ridge, in the Boston mountains, 
another desperate battle took place, in February, 1862. 
This time the Federal forces were successful. They 
then occupied all northern Arkansas, and so prevented 
any further invasion of Missouri from the southwest. 
Many of the state guards now returned to their homes ; 
the others followed Price into the Confederate army 
and fought bravely through the war. 

Price’s Raid. — Only once more was there an or¬ 
ganized Confederate army in Missouri. Late in the 
war, in 1864, Price returned. This time he entered 
Missouri from the southeast. He marched rapidly 


THE CIVIL WAR IN MISSOURI 


175 


northward to Pilot Knob, halfway from the southern 
boundary of the state to St. Louis. Missouri had been 
stripped of Federal troops to support Sherman on his 
Atlanta campaign, and at first Price met with little 
resistance. His only hope of permanent success, how¬ 
ever, was that the people of Missouri would rise in his 
favor. Many individuals joined his army, but as a 
whole the people remained inactive or turned out to 
oppose him. Most of the really earnest supporters 
of the Confederacy had gone south long before. 

Accordingly, when Price was within forty miles of 
St. Louis he turned westward. But Federal troops 
were now pouring into Missouri, and the Missouri 
Union militia turned out in great numbers. Price was 
unable to stop long enough to capture Jefferson City, 
and pushed on westward. He captured Independence, 
but an overwhelming Federal force was close behind 
him, and he was compelled to retreat as rapidly as 
possible southward into Arkansas. On this raid Price 
destroyed a great amount of public property, in par¬ 
ticular the bridges and roadbed of the Pacific railroad, 
but the raid as a whole was a failure. 

Local Civil War. — Except in the first few months 
of the war, then, the military operations in Missouri 
amounted to little, and had hardly any influence on the 
war as a whole. It would be far easier and pleasanter 
if we could limit the story of the war in Missouri to 
Wilsons Creek, Pea Ridge, and Price’s raid, but that 
would not tell the whole story. If there were few real 
battles in Missouri, there was constant fighting and 


176 


A HISTORY OF MISSOURI 


skirmishing all over the state in the earlier years of the 
war, and more or less until Lee surrendered. This 
local war was of two quite distinct kinds. 

As the Federal forces held the Missouri river towns 
and patrolled the river, it was difficult for individuals 
from north of the river to get across the Missouri and 
join Price or the Confederate army. So in the first 
year of the war these men who wished to fight for the 
South usually organized into companies north of the 
river and tried to fight their way south across the river. 
This resulted in skirmishes as far north as the counties 
of the Iowa line. There was a certain amount of this 
recruiting and fighting all through the war. 

The Guerrillas. — Then there were the guerrillas, 
or irregular troops, who kept many sections of the 
state in terror. Some of their leaders, such as Shelby, 
had regular commissions from the Confederate govern¬ 
ment, observed the rules of war, and were of real and 
important aid to the Confederacy. Others, like Quan- 
trell, were outlaws, though they called themselves 
Confederates. In Missouri, neighbor was turned against 
neighbor and even brother against brother. Feeling 
ran so high that many men were robbed and mal¬ 
treated and almost driven into lawlessness because 
they stood up for their opinions. Many others took 
advantage of the troubled times to satisfy personal 
grudges and follow up old quarrels. Many were drawn 
into the guerrilla warfare by love of adventure. The 
guerrillas ranged all the way from men seeking to enter 
the Confederate army, through others who were driven 


THE CIVIL WAR IN MISSOURI 


177 


into this warfare by the outrages of their neighbors, to 
cold-blooded criminals. All alike were noted for their 
endurance, dash, and reckless bravery. 

These irregular bands presented a very difficult 
problem for the Federal commanders. They burned 
the railroad bridges, tore up the tracks, cut off small 
bodies of Federal troops and militia, and robbed or 
killed Union sympathizers. Whenever they appeared 
the Federal troops were sent after them, but seldom 
caught them. The guerrillas could find secret sym¬ 
pathizers or blood kin to help them in almost every 
community. No man dared deny them food or shelter 
or to give information against them, for they were des¬ 
perate men who stopped at nothing. 

Martial Law. — In dealing with the guerrillas, and, 
in fact, in Missouri generally in the earlier years of the 
war, the Federal officers and the troops from the neigh¬ 
boring states treated Missouri very much as a hostile 
country. Missouri had a bad reputation in the North 
because of the Kansas troubles and Camp Jackson. 
The officers thought that Missouri was in the Union 
against her will, and that most of the people outside of 
St. Louis were really on the side of the South. Accord¬ 
ingly martial law was proclaimed over large sections 
of the state, men were arrested and imprisoned, on mere 
suspicion, and newspapers were seized and suppressed. 
In dealing with the irregular troops, prisoners were 
tried and executed by military law on very slight evi¬ 
dence in order to frighten the people into submission. 
Such was the well-known Palmyra massacre. 


178 


A HISTORY OF MISSOURI 


Order Number n. — The most difficult part of the 
state to control was the western border, partly because 
the Kansas troubles had left so much bitterness behind, 
and partly because the guerrillas there could escape 
so easily into Indian Territory or Texas. After Quan- 
trell, the best-known of the more reckless guerrilla 
leaders, had sacked Lawrence, Kansas, in 1863, Gen¬ 
eral Ewing, the Federal commander in western Mis¬ 
souri, decided to adopt desperate measures. He issued 
his famous “ Order Number 11.” This order com¬ 
manded all people living in Jackson, Cass, and Bates 
counties, and part of Vernon, — counties along the Kan¬ 
sas border, — to leave their homes and move within the 
Federal lines. All grain or fodder was to be brought 
to the Federal stations or destroyed. 

The order was carried out ruthlessly, with what 
seems a great deal of unnecessary destruction of houses 
and buildings, and even, in some cases, the killing of 
persons suspected of disloyalty. Plowever bad the 
situation was, and however hard it was to deal with the 
guerrillas, who had many friends in these counties, 
there was no justification for such a wholesale oppres¬ 
sion of the people and destruction of property. Some¬ 
times it almost seemed as if the Federal officers were 
making it hard for any Missourian to support the Union. 

Missouri Troops. — During the whole war nearly 
one hundred and ten thousand Missourians were 
enrolled in the United States army. Many of them, it 
it is true, never left the state, but there was plenty of 
fighting to do within Missouri itself. The records 


THE CIVIL WAR IN MISSOURI 


179 


of the Confederate army are very incomplete, so it is 
impossible to say just how many Missourians were 
in the Confederate army. If we include the state 
guards at the beginning of the war, perhaps forty 
thousand is a fair estimate of the number who fought 
for the South. In all, about one hundred and fifty 
thousand men served on one side or the other. Cer¬ 
tainly the Missourians had the courage of their con¬ 
victions, and were willing to give their lives for what 
they believed was right. 

Problem 

The Civil War in Missouri. 

Questions 

What were the preparations of Jackson? What were Lyon’s 
plans ? What do you know of the battle of Boonville ? What were 
the movements of Price ? of Lyon? Why was the Federal control 
of the Missouri so important? What do you know about the 
battle of Carthage ? 

What was Price’s great difficulty in organizing the state guards? 
What aid was near at hand ? Why did McCulloch hesitate to enter 
Missouri? Why was Lyon in a difficult position at Springfield? 
Why did he decide to fight ? What do you know of Wilsons Creek ? 
Why did the Federal army escape ? 

What was Price’s next move ? Why ? What compelled him to 
retreat? Why was Fremont recalled? Of what advantage to 
Price and Jackson was the ordinance of secession ? How was it 
passed? Was Missouri a member of the Confederacy? 

What was Price’s line of march in his raid of 1864? What was 
his purpose? W 7 hy was the raid a failure? What did he ac¬ 
complish ? 

What were the two kinds of civil war within the state? What 
were the different kinds of guerrillas? What was their origin? 


180 


A HISTORY OF MISSOURI 


Name two typical leaders. Why were the guerrillas such a hard 
problem for the Federal officers ? How did the Federal generals 
seek to suppress them ? What was the occasion for Order Number 
11 ? What were its terms ? 

How many troops did Missouri furnish to the northern army? 
to the southern ? 



CHAPTER XX 


THE PROVISIONAL GOVERNMENT AND THE END 
OF SLAVERY 

The Provisional Government. — When General Lyon 
first moved on Jefferson City, Governor Jackson, as you 
will remember, left for the south, and the general as¬ 
sembly broke up. This left the state without a govern¬ 
ment. Accordingly, the convention, which had never 
dissolved, came together again and organized a provi¬ 
sional government. The convention declared that the 
offices of governor, lieutenant governor, and secretary 
of state, and the seats of the members of the general 
assembly, were all vacant. It then appointed men to 
hold the higher offices until a regular election could be 
held in the autumn. The convention also declared 
null and void the militia law adopted by the assembly 
just after the attack on Camp Jackson. 

The importance of this action of the convention can 
hardly be overestimated. It is true that the president 
of the convention, Sterling Price, was in the southwest, 
organizing the state guards, and that some twenty 
other members had gone south, but the convention was 
still a body representing all but the secessionists. 
Thousands of people rallied to the support of this 
provisional government who would otherwise have 
181 


182 


A HISTORY OF MISSOURI 


fought for Governor Jackson. The moderates had now 
a loyal Union state government to support and obey. 

Governor Hamilton R. Gamble. — The convention 
showed the greatest wisdom in their choice of the pro¬ 
visional governor. For this very difficult place they 
chose Hamilton R. Gamble of St. Louis. Gamble was 
an old-line Whig, for years prominent in Missouri 
history. He was a native of Virginia, who came to 
Missouri in 1818. He was appointed secretary of state 
in 1824, and was a member of the assembly in 1844. 
In 1851 he became chief justice of the Missouri su¬ 
preme court. Gamble had not been an active politi¬ 
cian, and was better known as a leading lawyer. In 
the troubled times just after South Carolina seceded, 
Gamble was a conditional Union man. In the first 
meeting of the c.onvention he was the author of the 
resolutions which described Missouri’s demand for 
compromise. After the firing on Fort Sumter and the 
attack on Camp Jackson Gamble became more uncom¬ 
promising in his Unionism, but he never was in sym¬ 
pathy with Blair and the radicals. He represented 
excellently the conservative sentiments of the majority 
of Missourians. 

Governor Gamble’s task was a hard one. He had 
to form a state government in the midst of civil war, 
and restore law and order. The state treasury was 
empty, and it was impossible to collect taxes. The 
state was occupied by Federal troops, and the officers 
at first had little confidence in his loyalty. Every¬ 
thing was in such confusion that elections could not 


THE PROVISIONAL GOVERNMENT 


183 


be held in the fall, as the convention had planned. 
Accordingly, the convention met for a third time and 
passed certain necessary laws. It reduced salaries of all 
officials, and provided for borrowing money. It also 
provided for a loyal state militia. Governor Gamble 
at once organized this militia. The Federal govern¬ 
ment armed and equipped it. Gamble persuaded Lin¬ 
coln to use it as far as possible in Missouri, instead of 
troops from other states. After the battle of Pea Ridge 
it took the place of the Federal troops in most parts of the 
state. Gamble did his best, also, to protect the people 
from martial law and the oppressive acts of the Fed¬ 
eral officers. For all this he was heartily disliked by the 
radical Union men, but Lincoln steadily supported him. 

Test Oaths. — There were, as you see, really two 
state governments in Missouri for the first year of the 
war, the southern, or secessionist, headed by Governor 
Jackson, and the unionist, with Governor Gamble. To 
clear up the confusion, the convention at its third 
meeting in 1861 declared that every state and county 
official must take the oath of allegiance to the provi¬ 
sional government and to the Union. Many officials 
refused and were driven from office, but the oath gave 
Governor Gamble a set of loyal , officers. Before the 
next regular election for the general assembly in 1862 
the convention met for the fourth time. It now de¬ 
cided that Governor Gamble should hold office for the 
full four-year term. It also provided that no man 
should vote unless he took the oath of allegiance and 
had not been in arms against the Union. Certainly 


184 


A HISTORY OF MISSOURI 


no man ought to have a share in a government he was 
trying to destroy. 

Emancipation. — Meanwhile the great issue in poli¬ 
tics was the emancipation of the slaves. There had 
always been considerable quiet opposition to slavery 
in Missouri, but it never could accomplish much be¬ 
cause the people were angered by the violence of the 
northern abolitionists. Benton's influence had always 
been against the spread of slavery, and his chief fol¬ 
lower, Blair, had become a Republican. And as we 
have seen, slavery was losing ground in Missouri after 
1850. In all the turmoil and confusion of the first year 
of the war slavery practically came to an end. That is, a 
master could not regain his slave if he ran away. The 
slave could escape to the Federal army or to one of the 
neighboring free states. The demand that slavery be 
abolished by law grew very fast. 

New Parties. — In the election for the general as¬ 
sembly in 1862 the emancipationists elected a large 
majority of the members, but there was no agreement 
as to how emancipation should be brought about. Two 
new parties grew up on this issue. One of them, the 
conservatives, believed that emancipation ought to 
be slow and gradual, and that the slaves ought to 
be kept under the control of their old masters until 
they could learn to take care of themselves. Governor 
Gamble and most members of the convention were 
conservatives. On the other hand, the radicals be¬ 
lieved that slavery ought to be destroyed once and for 
all, without any conditions. 


THE END OF SLAVERY 


185 


The general assembly, under the constitution, could 
not abolish slavery, so the convention met for the fifth 
and last time in 1863. It adopted an elaborate plan 
of gradual emancipation. This did not suit the radicals 
at all. They even sent a delegation to Washington to 
persuade Lincoln to interfere in Missouri politics in 
their favor. Lincoln sympathized with their wish 
to destroy slavery, but refused to interfere. Instead he 
urged all Union men in Missouri to support Governor 
Gamble and to unite in defense of the Union. The 
radicals were determined; they had able leaders and 
a very definite platform. The conservatives were 
not well organized, and were moderate and not very 
energetic. The radicals gained ground rapidly, and 
won a complete victory in the election of 1864, electing 
their candidate for governor and a majority of the 
assembly. 

Ordinance of Emancipation. — At the same election 
the people voted to hold a constitutional convention. 
The radicals elected a large majority of the delegates. 
The first act of this convention after it met in January, 
1865, was to pass the Ordinance of Emancipation. 
This ordinance abolished slavery immediately and en¬ 
tirely. Thus Missouri, by her own independent action, 
abolished slavery before the Thirteenth Amendment of 
the national Constitution abolished it everywhere in 
the United States. 

The Civil War was now at an end in Missouri, and 
almost over in the nation. Sherman had marched to 
the sea, and Grant was tightening his grip on Richmond. 

HIST. MO.- 12 


186 


A HISTORY OF MISSOURI 


Missouri had suffered severely in loss of lives and prop¬ 
erty, and in the division of her people. Now that the 
Union was preserved and slavery done away with, it 
would seem that the people might forget their differ¬ 
ences and settle down to the task of repairing the dam¬ 
ages of the war. But this was not to be. The Civil 
War in Missouri had been too fierce, the feelings too 
bitter, to permit either side to forgive and forget for 
five long years. 

Problem 

The provisional government and the end of slavery. 

Questions 

How was the state government affected by Jackson’s flight from 
Jefferson City? How was a new government provided for? De¬ 
scribe the action of the convention. Why was it important ? What 
do you know of Hamilton R. Gamble ? What was his task ? Why 
was it so difficult ? Why were there no elections in 1861 ? How did 
Gamble secure men and money for a Union militia? How was it 
organized? What were Gamble’s relations with the Federal offi¬ 
cers? with Lincoln? 

What was the first test oath? Why was it adopted? What 
was the second test oath? What were the reasons for it? Were 
these oaths justifiable ? 

What was the new issue in politics ? What was the earlier opinion 
about slavery in Missouri ? What was the position of Benton ? of 
Blair ? What effect had the war on slavery in Missouri ? 

What new parties appeared on the question of emancipation? 
What were their principles? What was the position of Gamble 
and the convention ? What was the action of the convention as to 
emancipation ? What did the radicals ask of Lincoln ? What was 
his answer? Why did the radicals gain in strength? Describe 
the election of 1864. How was slavery finally abolished in Mis¬ 
souri ? 


CHAPTER XXI 


RADICAL RULE AND NEW PARTIES, 1864 TO 1870 

Confusion of Party Names. — One of the most con¬ 
fusing things in Missouri history in the sixties was the 
change in meaning of the old party names. The old 
Democratic and Republican parties disappeared in 
1861, and the new parties which adopted the same 
names after 1865 were quite different. For example, 
Frank P. Blair was the leading Republican in the state 
in 1860, yet in 1865 he was reorganizing the Democratic 
party. Again it would be very unfair to call every 
man who voted for Lincoln in 1864 a Republican, be¬ 
cause Lincoln was really the Union candidate. After 
the war the great majority of the old Whigs were ardent 
Democrats. This chapter will try to explain how these 
new Republican and Democratic parties arose. 

Beginnings of New Parties. — As we have seen, the 
first division of the Union men was over the method 
of emancipation, the conservatives favoring gradual, 
and the radicals immediate, emancipation. In 1863 
the radicals held a convention and nominated candidates 
for supreme court judges, but the ticket was beaten 
by a small majority. In 1864, as you remember, the 
radicals made a clean sweep in the state election. 
Perhaps it is fair to call the radicals “ Republicans / 1 
187 


188 


A HISTORY OF MISSOURI 


although many of them later joined the Democrats, 
and although Blair was a conservative. Practically 
all the conservatives were later Democrats. 

Governor Thomas C. Fletcher. — The radical can¬ 
didate for governor was Thomas C. Fletcher, the first 
native-born Missourian to hold the office. He was a 
lawyer, and was of course a strong Union man. He had 
command of a regiment in the war. Although elected 
as a radical he was more conservative than his party 
before his term was over. 

The Convention of 1865 . — The new constitutional 
convention, which was controlled by the radicals, 
had been called to deal with three problems; slavery, 
the right of voting, and such general revision of the old 
constitution as seemed necessary. Slavery, as we have 
seen, was taken up first and abolished immediately. 
The convention then proceeded to draw up an entirely 
new constitution. In general this new frame of gov¬ 
ernment was a good one, and of course much more 
modern than the original constitution of 1820. The 
provisions as to corporations and education were a 
great improvement. Among other changes, the term 
of the governor was changed from four to two years. 
But all the good points of the new constitution were 
overshadowed by the new restrictions on the right 
of voting. 

The Ironclad Oath. — The old convention had 
excluded from voting and office holding all who had 
fought against the Union, or who would not swear 
to support it. Now that the war was practically over 


RADICAL RULE AND NEW PARTIES 


189 


it would seem that there was little reason to continue 
even these tests. But the convention of 1865 imposed 
much harsher and more sweeping restrictions. It pro¬ 
vided for a very long and detailed test oath so strictly 
drawn that it was known as the “ ironclad oath.” 

In taking this oath a man had to declare that he had 
never in any way, by word or deed, given aid to the 
South, or shown it sympathy. No one who had not 
been at all times an active and unconditional Union 
man could take the oath, and that was the intention. 

No man could vote or hold office unless he could sub¬ 
scribe to this test. More than that, no lawyer, teacher, 
or minister could practice his profession unless he took 
the ironclad oath. Nothing can give you a better idea 
of how sharply the state was divided during the war, 
and how bitter were the feelings, than this attempt to 
bar out all but the unconditional Union men. The 
leading spirit in the convention was Charles D. Drake, 
and both convention and constitution were often known 
by his name. 

Revival of the Democratic Party. — The consti¬ 
tution provided that no one could vote on its ratifica¬ 
tion unless he could take the oath. In spite of this 
restriction the people gave only a small majority in its 
favor. Once adopted, however, the ironclad oath 
kept the Republicans in power until 1870. Against the 
oath were united all who had taken the side of the 
South, most of the conservatives of 1862, and very 
many of the unconditional Union men. Leaders like 
Frank P. Blair and John S. Phelps, who had fought 


190 


A HISTORY OF MISSOURI 


bravely in the field for the Union, were bitterly opposed 
to the test oath. They at once set about organizing 
this opposition into the new Democratic party. 

Another reason for the revival of the Democratic 
party in Missouri must be found in national politics. 
In Congress the radical party had got control, and 
was imposing harsh conditions on the seceded states 
and the southern whites. Thousands of Union men 
in Missouri had not lost their sympathy for the South, 
although they believed the South was in the wrong in 
the war. So when the Republican Congress imposed 
negro suffrage and the carpetbag government on the 
seceded states, these men became Democrats. But as 
long as the ironclad oath was required the Democrats 
were helpless because so many of them could not 
vote. 

The Split in the Republican Party. — From as early 
as 1866 there were really two factions in the Republican 
party in Missouri, the liberal and radical Republicans. 
The radicals were altogether in favor of the test oath. 
Many of them were perfectly sincere in believing it 
altogether necessary and proper. Some of them were 
interested in it because it would keep their party in 
power. The liberals regretted that such harsh meas¬ 
ures seemed necessary, and believed that they ought 
to be repealed just as soon as it was safe. Their solu¬ 
tion was to give the negro a vote so he could protect 
himself, and repeal all restrictions on the whites. Carl 
Schurz and B. Gratz Brown were the leaders of the 
liberals. 


RADICAL RULE AND NEW PARTIES 191 

Governor Joseph W. McClurg. — For a time these 
two factions were able to work together because they 
both supported negro suffrage. In 1868 they nominated 
for governor, Joseph W. McClurg. Like Governor 
Fletcher, he was a native Missourian, and an uncom¬ 
promising Union man. McClurg had been a member of 
the convention of 1861 and a representative at Wash¬ 
ington from 1862 to 1866. He belonged to the radical 
wing of his party. The Democrats nominated John 
S. Phelps, but McClurg won by a large majority. In 
the presidential election Frank P. Blair was the Demo¬ 
cratic candidate for Vice President, but Grant carried 
Missouri for the Republicans. 

United States Senators. — Missouri had a nhmber 
of United States senators during the sixties. In 1861 
Waldo P. Johnson was elected to succeed James S. 
Green, but both Johnson and Polk were expelled from 
the senate for disloyalty. In 1863 the assembly chose 
two strong Union men, John B. Henderson and B. 
Gratz Brown. When Brown’s term expired in 1867 the 
radical Republicans sent their leader, Charles D. Drake, 
to Washington in his place. In 1869 the liberal Repub¬ 
lican leader, Carl Schurz, succeeded Senator Henderson. 
All these senators were men of unusual ability; Hen¬ 
derson in particular was one of the leaders of the senate. 

Opposition to the Oaths. — The ironclad oath was 
adopted in the first place in 1865 by a small majority, 
and steadily grew more and more unpopular. A 
number of professional men were arrested because 
they tried to practice without taking the oath. When 


192 


A HISTORY OF MISSOURI 


ministers of the gospel were punished for their refusal, 
public opinion revolted. Governor Fletcher proposed 
that this part of the oath be repealed. The United 
States Supreme Court declared the test oath unconsti¬ 
tutional so far as it applied to the right to practice pro¬ 
fessions, and so this part of the law was done away with. 

The test oath was still required of all voters and office¬ 
holders. The way in which the law was carried out 
made it still more unpopular. Registrars of voters 
were appointed in the various districts. These regis¬ 
trars had the power to refuse to permit a man to vote 
after he had taken the oath, if they believed he had 
sworn falsely. In some parts of the state this power 
was used to bar out all voters who were not radical 
Republicans. More and more of the Republicans 
joined Schurz and the liberals. 

Election of 1870 . — Congress in 1869 submitted to 
the states the Fifteenth Amendment to the Constitu¬ 
tion. This amendment declared that no man should 
be denied the right to vote because of race, color, or 
previous condition of servitude ; that is, it provided 
for negro suffrage. The liberal Republicans in Mis¬ 
souri were now satisfied, and demanded that the iron¬ 
clad oath be repealed. The radicals were not ready for 
this. The question was fought out in the Republican 
state convention. When Schurz was defeated there 
by a few votes, he led the liberal delegates from the 
hall and nominated a separate ticket. The liberal 
candidate for governor was B. Gratz Brown, and the 
platform an immediate repeal of the test oaths. The 


RADICAL RULE AND NEW PARTIES 


193 


radicals renominated Governor McClurg. The Demo¬ 
crats were fighting chiefly for this repeal, so they nomi¬ 
nated no candidate and voted for Brown. He was 
elected by a large majority. 

Repeal of the Ironclad Oath. — Opinion was so 
strong against the oath that the general assembly sub¬ 
mitted the question of its repeal to the people in the 
election of 1870. The Missourians voted about eight 
to one in favor of the repeal. Probably they would 
have voted for repeal four years earlier if they had had 
a chance. After 1870 every Missourian had the right 
to vote and have a share in the government. The 
control of the state now went back to the more con¬ 
servative classes, and the radical period was over. It 
was some years, however, before parties were fully or¬ 
ganized and party lines clearly drawn. 

Problem 

The radical rule and the new parties. 

Questions 

Why are party names so confusing after 1861 ? Explain from < 
the case of Blair; of the old Whigs. When do new party divisions 
appear ? When can the name Republican be properly used ? What 
party did most of the conservatives join later? 

What can you say of the election of 1864 ? What do you know 
of Governor Fletcher ? 

For what three things was the convention of 1865 elected ? What 
action did it take on slavery ? on revising the constitution ? What 
were some of the good points of the new constitution ? What change 
was made in the term of the governor ? Describe the test oaths of 
the old convention. What was the ironclad oath? What was its 


194 


A HISTORY OF MISSOURI 


purpose ? Who were compelled to take it ? Who was the leading 
spirit in the convention of 1865 ? 

What classes opposed the new constitution? Who were their 
leaders ? What was the origin of the new Democratic party ? How 
did national politics affect it ? What were the factions in the Re¬ 
publican party in the state ? What did each want ? Who were 
the leaders of the liberals ? How did the two factions hold together ? 
What do you know of Governor McClurg? 

Who were the United States senators between 1860 and 1870? 
What is said of them ? 

Which part of the ironclad oath was generally unpopular ? What 
was Governor Fletcher’s proposal ? How was this part done away 
with ? What were the powers of the registrars of voters ? How 
did some of them abuse their powers ? Describe the break in the Re¬ 
publican party in 1870. What were the platforms and candidates 
of each faction? What did the Democrats do? What was the 
result of election? How was the ironclad oath repealed? What 
were the results? 


CHAPTER XXII 


THE LIBERAL REPUBLICAN MOVEMENT AND 
DEMOCRATIC SUPREMACY 

Governor B. Gratz Brown. — B. Gratz Brown was a 
Kentuckian who came to St. Louis a little before 1850. 
He was a lawyer, and soon went into politics. From 
1852 to 1858 he was in the assembly, where he was a 
leader of the Benton men. He joined the Republican 
party and was an unconditional Union man in 1861. 
From 1863 to 1867 he was in the United States senate, 
and joined Schurz in organizing the liberal Republi¬ 
can faction. Brown was the logical candidate of the 
liberals. 

The combination of liberal Republicans and Demo¬ 
crats worked so well in 1870 that it was tried again 
in 1872. This time the two parties met in convention 
in adjoining halls at the state capitol. They agreed 
to divide the ticket between the two parties, the Demo¬ 
crats getting the lion’s share. The liberals were to 
nominate the candidates for lieutenant governor, 
secretary of state, and registrar of lands; the Demo¬ 
crats, the candidates for the other state officers. Then 
both conventions were to adopt the whole ticket. The 
plan was carried through without a hitch. Now that 
all could vote, the Democrats were made up of all 
195 



196 


A HISTORY OF MISSOURI 


sorts of men, from those who had been radical seces¬ 
sionists like Vest, to unconditional Union men like 
Blair. They found it impossible to agree on any man 
who had taken an active part in the war, and finally 
nominated Silas Woodson. Although the radical, or 
regular, Republicans nominated their strongest leader, 
John B. Henderson, Woodson was elected by a large 
majority. 

Liberal Republican Movement. — Meanwhile the 
Democrats and the moderate Republicans all through 
the country had been watching Missouri politics with 
great interest. The combination of 1870 worked out by 
Schurz and Brown with the Democrats appealed to 
thousands all through the North. Moderate Republi¬ 
cans were disgusted with the conditions in the South 
and with the corruption at Washington. On the other 
hand, the Democrats could not hope to win without 
Republican aid. In 1872 the Missouri liberals issued 
a call for a national convention which should adopt a 
platform and nominate a candidate for President that 
both liberals and Democrats could support. 

The plan was received with enthusiasm all through 
the North, and the convention met at Cincinnati. Carl 
Schurz was chosen chairman. The platform adopted 
called for reform all along the line and for home rule 
in the South, just the things that the Democrats and 
liberals wanted. But the convention blundered very 
badly in naming, a candidate for President. Instead 
of selecting a man who really stood for these princi¬ 
ples, they nominated Horace Greeley. Greeley was a 


THE LIBERAL REPUBLICAN MOVEMENT 197 

regular Republican who had quarreled with Grant, 
and really had not much sympathy with the Cincin¬ 
nati platform. He never had been either a moderate 
or a reformer. The Democrats of the country accepted 
the platform and nominated Greeley. B. Gratz Brown 
was nominated for Vice President. 

The Democrats accepted Greeley very unwillingly, 
but voted for him to carry out their part of the agree¬ 
ment. Probably Grant would have been elected on 
his war record anyway, but Greeley was an impossible 
candidate. He did carry Missouri, but was badly 
beaten the country over. Once more Missouri had 
taken the leading part in a national movement affect¬ 
ing the whole country. 

Governor Silas Woodson. — Silas Woodson was a 
native of Keptucky. He had been a leading lawyer 
and a prominent Whig leader in Kentucky, and ail 
opponent of slavery before he came to St. Joseph. 
In Missouri he became a moderate Democrat. He did 
not take an active part on either side during the war, 
but after 1865 he was active in reviving the Democratic 
party. His moderation and conservatism made him 
an excellent compromise candidate in 1872. He was 
nominated almost by acclamation after the convention 
had been voting some time on more positive candidates. 
His character and record made him an excellent man 
for governor in this rather confused period. 

In Missouri after 1872 the liberal Republicans dis¬ 
appear as a separate party. Some of them went back 
to the regular Republican party; some, like Schurz, 


198 


A HISTORY OF MISSOURI 


were really independent; but the greatest number 
became Democrats. This made the party still more 
complex and harder to bring to an agreement. In 

1873 it was impossible to carry the whole party to the 
support of Frank P. Blair, who had previously been 
chosen a United States senator to fill a vacancy, and 
now was a candidate for reelection. In the end, Louis 
V. Bogy was elected. Bogy was not a very prominent 
man, nor had he taken much part in politics. For this 
reason all the Democrats could support him. 

Governor Charles H. Hardin. — Again in 1874 the 
Democrats nominated and elected a moderate can¬ 
didate for governor, Charles H. Hardin. Hardin, like 
so many of his predecessors, was born in Kentucky. 
Before the war he was one of the leading lawyers in 
central Missouri. He served several terms in the 
assembly between 1850 and 1860. Like Woodson, he 
had been inactive during the war and had joined the 
new Democratic party after peace was restored. In 

1874 he had been elected state senator. 

Convention of 1875 . — Ever since the conservative 

elements had won control of the state in 1870 there 
had been a demand for a new constitution. This was 
opposed because of the expense and because the Drake 
constitution of 1865 worked very well after the iron¬ 
clad oath was repealed. In the election of 1874 the 
people, by a majority of a few hundred votes, declared 
in favor of a new constitutional convention. The con¬ 
vention which met and drew up our present constitu¬ 
tion in 1875 was extremely conservative. The new 


DEMOCRATIC SUPREMACY 


199 


constitution showed this in many ways. The powers 
of the legislature and of the county courts were much 
limited, especially in laying taxes and borrowing 
money. A vote of the people was required for the more 
important acts. The convention also restored the old 
four-year term for governor. When we consider the 
times and all the confusion and harsh and unwise legis¬ 
lation of the years just past, this extreme conservatism 
seems very natural and desirable. To-day, now that 
times have changed so completely, the constitution of 
1875 is an obstacle to progress and restrains the gov¬ 
ernment too much. 

Senator F. M. Cockrell. — Meanwhile the divisions 
and questions arising from the war were sinking 
into the background, and new issues were taking 
their place. This is shown in the growing union in the 
Democratic party and in the election of more positive 
men. For example, the assembly elected as United 
States senator to succeed Carl Schurz in 1875, Francis 
M. Cockrell. Cockrell had taken a decided stand 
during the war. As soon as the war broke out he 
joined the Confederate army and fought gallantly to 
the very end. When he surrendered at last he was a 
brigadier general in the Confederate army. After the 
war he came back to Missouri and practiced law. As 
soon as the ironclad oath was abolished, he became 
an active Democrat, and all but won the nomina¬ 
tion for governor in 1874. His courage, honesty, and 
fairness made him a popular man in Missouri and 
in the United States senate. He was reelected every 


200 


A HISTORY OF MISSOURI 


time until the Republicans carried the state in 1904. 
General Cockrell is still living (1912), nearly eighty 
years of age, respected by all. 

Governor John S. Phelps. — For governor in 1876 
the Democrats elected another positive man. John S. 
Phelps was a native of Connecticut, who came to 
Springfield in 1837. He soon became a prominent 
lawyer and political leader. After serving in the as¬ 
sembly he was sent to Congress in 1844 and was re¬ 
elected until 1862. He was a strong Union man. He 
commanded a regiment, and served for a time as mili¬ 
tary governor of Arkansas. After the war Phelps 
took an active part with Blair in reviving and reor¬ 
ganizing the Democratic party in Missouri, and was 
one of its most prominent leaders. He was Demo¬ 
cratic candidate for governor in 1868. The memories 
of the struggle were too vivid to make him an accept¬ 
able leader to many Democrats, but by 1876 they had 
forgotten their old differences, and Phelps was elected. 
He was one of the strong men in Missouri history. 

Tilden, the Democratic candidate for President in 
1876, carried Missouri by a large majority. Missouri 
had now become a strongly Democratic state, and 
'remained so until the election of 1904. 

Problem 

T^he liberal Republican movement and Democratic supremacy. 

Questions 

What do you know of Governor Brown ? Describe the combina¬ 
tion of parties in 1872. How was the ticket divided? Who were 
the candidates ? Why did the Democrats choose a moderate ? 


DEMOCRATIC SUPREMACY 


201 


Why was the whole country interested in this political combina¬ 
tion? Why were many northern Republicans dissatisfied? How 
was the Cincinnati convention called? Who was its chairman? 
What was its platform? Who was its candidate for President? 
for Vice President ? What was the result of the election ? 

What do you know of Governor Woodson ? Of Governor Har¬ 
din ? Who was Louis V. Bogy ? 

Why was a new constitution desired? Why opposed? What 
was the character of the convention elected? of the constitution? 
What were some of the important changes made ? 

How was the union of the Democratic party shown? What do 
you know of Senator Cockrell ? of Governor Phelps ? 


hist. mo. — 13 


CHAPTER XXIII 


ECONOMIC AND SOCIAL CHANGES, 1861 TO 1875 

Missouri during the War. — We have seen that the 
fifteen years after 1861 were a time of great confusion 
and violent changes in politics in Missouri. This is 
true of the life of the people in general. In the last 
half of 1861 government was almost at a standstill. 
In many counties there were no county officers who 
would take the oath of allegiance, and the people did 
not know whether to recognize Governor Jackson or 
Governor Gamble. It was impossible to collect taxes, 
and the schools were closed all over the state. After 
General Price was driven from the state in 1862, Gov¬ 
ernor Gamble gradually restored law and order. This 
came about more quickly north of the river than in 
the southern part of the state. Throughout the war 
the guerrillas and soldiers returning from the Confed¬ 
erate army destroyed railroads, burned bridges, and 
attacked Union men. They could always find secret 
support from their relatives or from those who secretly 
favored the South. This local civil war, flaring up at 
every opportunity, was Governor Gamble’s hardest 
problem and kept the state in confusion. 

Confusion after the War. — After Lee surrendered 
and the war was over, it was years before peace was 
202 


ECONOMIC CHANGES, 1861 TO 1875 203 

restored in Missouri. Many of the guerrillas, as we 
have seen, were really lawless men who had taken 
advantage of the war. They now continued the same 
life, except that they turned to robbing the trains and 
stagecoaches and banks. They still found considerable 
sympathy among those who had supported the “ lost 
cause.” Many Missourians who came back from the 
Confederate army found their neighbors so bitter 
against them that they could not easily start life afresh, 
and some of these, too, took up a life of lawlessness. 
The ironclad oath added to their bitterness. The 
James and Younger brothers are the best-known ex¬ 
amples of this desperate class. Many of them had 
suffered injustice, but they did the state a great 
amount of harm at home and abroad. 

Loss of Population. — Many of the Missourians 
who fought so bravely in the Confederate armies could 
not bear to return and submit to their victorious 
enemies. Some went to Mexico, but most of them went 
west to Colorado, Oregon, and the new country opening 
up in Montana. Because of those who were killed on 
both sides and those who moved away from the state, 
the total population was probably less in 1865 than it 
was in 1860. 

Growth in 1865 - 1870 . — In spite of this, by 1870 the 
population had grown to nearly one million and three 
quarters (1,721,295), an increase of nearly one half 
since 1860. This increase was to be found in the cities 
and in the more newly settled parts of the state, in the 
north and northwest and in the southwest. Very 


204 


A HISTORY OF MISSOURI 


many Union soldiers from Ohio and Indiana and Illi¬ 
nois, who served in Missouri, came back to settle after 
the war because of the cheaper land. The state set 
up an immigration office and advertised Missouri all 
through the East and abroad. The years after the 
war were a time of general migration westward, and 
Missouri got her share. So from 1865 to 1870, and 
indeed to 1872, her population increased about as fast 
as ever. 

Sale of Railroads. — The railroads were one of the 
hardest problems of the state government. Only one 
of them, the Hannibal and St. Joseph, had paid the in¬ 
terest on the mortgages given before the war. All 
the others were bankrupt. They had suffered great 
losses during the war, and at the close their rails and 
rolling stock were worn out. During the war the 
Pacific road was completed to Kansas City, but the 
other roads stood still. After the war Missouri did 
not have a very good reputation in the East, and the 
railroads could not raise money. So the state was 
forced to foreclose its mortgages and either run the 
railroads itself or sell them for what they would bring. 

After much discussion the roads were sold. They 
owed the state nearly $32,000,000, the principal and 
unpaid interest on their bonds, and were sold for a 
little over $6,000,000. While they were not worth 
what they owed the state, they were worth much more 
than what they brought. There were ugly stories of 
bribery and corruption in the state legislature, which 
probably were at least partly true. In a way the state 


ECONOMIC CHANGES, 1861 TO 1875 


205 


received more than $6,000,000, for the buyers agreed 
to complete the railroads. This was done very soon. 
The North Missouri was built up to the Iowa line and 
to Kansas City, the Southwest Branch to Springfield 
and beyond, and the Iron Mountain to Arkansas. 

New Railroads. — The people were eager to have 
more railroads, although the state had lost so heavily 
on these earlier ones. All sorts of plans were put 
forward, and many counties voted bonds to aid new 
railroads. Some of the plans were honest and the 
railroads actually built; many of them were frauds. 
Sometimes the county officers issued the bonds in good 
faith and the promoters disappeared without building 
the road. In other counties the officials were dis¬ 
honest and divided the proceeds with the promoters. 
To-day the unused grading for such railroads may be 
traced in some counties, and some counties never have 
been able to pay their bonds. 

Debt and Taxation. — After the war closed in 1865 
the total debt of the state was about $36,000,000. By 
selling the railroads, heavy taxation, holding back the 
school funds, and by using grants from the United 
States for war expenses, this was cut down to about 
$21,500,000 in 1869. To this must be added the 
county debts for railroads. Still, up to 1872, Missouri 
was on the whole prosperous, prices were high, taxes 
were going down, and when the ironclad oath was done 
away with and the conservatives came into power, 
things looked very bright. The conservatives cut down 
expenses and set about paying the debt. Just at this 


206 


A HISTORY OF MISSOURI 


time, in 1873, there was a panic in the whole country, 
and hard times were almost as severe as in the earlier 
panic of 1837. Then the debts became a great burden, 
taxes were hard to pay, and Missouri suffered severely. 
Prosperity did not revive much before 1880. 

Education. — In many ways the state was advanc¬ 
ing in spite of the confusion and the hard times. The 
school funds were restored to the use of the schools, 
and the state once more gave one fourth of the total 
revenue to them. The state made its first appropria¬ 
tion to the State University, and in the seventies estab¬ 
lished there the College of Agriculture, Law and Medi¬ 
cal Schools, and the Engineering School. For the 
training of teachers a normal department was estab¬ 
lished at the University, and three separate normal 
schools were organized. Thus the broad foundations 
of our present school system were laid. 

Cities. — The cities of Missouri increased tremen¬ 
dously from 1860 to 1870. Hannibal and St. Joseph, 
at the two ends of the first railroad across the state, 
doubled in population, and St. Joseph had nearly 
twenty thousand (19,565) people. When the Pacific 
road was completed, Kansas City became the great 
headquarters for western trade. A little later railroad 
connection to Chicago was completed. Kansas City 
grew from a little town of less than five thousand to a 
vigorous western city of over thirty thousand. Most 
remarkable of all was the’ growth of St. Louis, which 
almost doubled in size, to a population of over three 
hundred thousand. St. Louis was in 1870 the largest 


' ECONOMIC CHANGES, 1861 TO 1875 


207 


city in the West, and the third largest in the country. 
In 1874 the famous Eads bridge across the Mississippi 
was opened, and St. Louis had an uninterrupted con¬ 
nection with the East. Missouri was no longer a purely 
agricultural state. 

Problem 

Economic and social changes, 1861 to 1875. 

Questions 

What were the effects of the war on local government ? taxation ? 
schools ? What kept up the confusion ? What were the causes of 
the lawlessness after the war ? Who were some notorious figures ? 

What became of many Confederate Missourians after the war? 
What was the effect of the war on population ? What was the in¬ 
crease from 1865 to 1870? How was it brought about? Where 
was the greatest growth ? 

What was the condition of the railroads at the end of the war? 
What action was the state forced to take? What might be done 
with them? Describe their sale. Did the state get a fair price? 
Describe their extension. What new railroads were planned? 
What was the unfortunate result of many of them ? 

What was the state debt in 1865 ? in 1870 ? How was it reduced ? 
What was the policy of the Democrats ? What is said of the pros¬ 
perity of the state ? of the effects of the panic ? of the advances in 
education? of the State University? of the normal schools? 

Why did Kansas City grow so rapidly? St. Joseph? What 
can you say of the growth of St. Louis ? 


CHAPTER XXIV 


MISSOURI SINCE 1875 

Governors T. T. Crittenden and John S. Marmaduke. — 

For twenty years after the Democrats returned to 
power in 1872, they won every state and national elec¬ 
tion. The majority of Missourians held the Republicans 
responsible for the heavy debt, the ironclad oath, and 
southern reconstruction; state elections turned on na¬ 
tional issues. Thomas T. Crittenden, elected governor 
in 1880, had served in the Union army during the war, 
but like Blair and Phelps had become an ardent Demo¬ 
crat. He had previously been attorney-general of Mis¬ 
souri and a member of Congress. His successor in 1884, 
John S. Marmaduke, had been a brigadier general in the 
Confederate army and, in 1878, railroad commissioner. 

Governors David R. Francis and William J. Stone. — 
The governors since Marmaduke have belonged to a 
younger generation which had grown up since the war. 
David R. Francis, elected in 1888, had been a prominent 
business man and mayor of St. Louis. In 1896 he was 
secretary of the interior in Cleveland’s cabinet, and 
later was ambassador to Russia under President Wilson. 
William J. Stone, elected in 1892, had been a Congress¬ 
man from 1885 to 1891; in 1903 he succeeded Vest as 
United States senator, serving until his death in 1918. 

208 


MISSOURI SINCE 1875 


209 


Senator George G. Vest. — George G. Vest, elected 
to the United States senate in 1879, like his colleague 
Cockrell, had been an uncompromising southern man. 
He had led the southern sympathizers in the legislature 
in 1861, fought under Price and represented Missouri 
in the Confederate Congress. Vest served until he de¬ 
clined reelection in 1903, dying soon afterward. 

New Issues. — Although in party politics Missouri 
went Democratic year after year, more and more of 
the people were becoming dissatisfied. The farmers 
believed that their difficulties in making a living were 
due to the high freight rates of the railroads and that 
through the money system and the great corporations 
the East was plundering the western farmer. Through 
their combinations in Granges or Farmers’ Alliances 
they secured the creation of a state board of railroad 
commissioners, but corporation control and cheaper 
money demanded action by Congress. Most of Mis¬ 
souri’s congressmen supported these demands, particu¬ 
larly Richard P. Bland, who was one of the most 
powerful leaders in Congress for free silver from his 
first election in 1873 to his death in 1900. 

The Populists. — For years these radicals did not 
form a new party, but tried to control the old ones. 
As time went on, the memories of the war and recon¬ 
struction times died out, and the reforms seemed more 
and more important. When hard times came again in 
1893 party lines began to break up in Missouri, and 
thousands went into the new People’s or Populist party, 
which stood for free silver and government regulation 


210 


A HISTORY OF MISSOURI 


of trusts and railroads — the things so many had been 
wanting for years. In 1894 so many of the Populists 
supported the Republican ticket that the Republicans 
carried the state for superintendent of schools. Two 
years later the Populists and the Democrats the country 
over united in nominating William J. Bryan for Presi¬ 
dent, and he carried Missouri by a tremendous major¬ 
ity. The same was true in his second campaign four 
years later (1900). 

Missouri a Doubtful State. — In 1904 the situation 
was different. In the first place the state debt was paid 
off, the farmers were prosperous, and so more conserva¬ 
tive. The Democrats were badly divided on local 
issues. Again, the Democrats nominated for President 
an eastern conservative, Alton B. Parker, while the 
Republicans nominated Theodore Roosevelt, who 
seemed to stand more for what the Missourians and 
the westerners wanted; and Roosevelt carried Missouri. 
The prosperity continued, the Democrats split on local 
politics, and in 1908 even Bryan was beaten by Taft 
in Missouri by a very small majority. But in 1912 the 
Republicans were badly divided by the Progressive 
movement under Roosevelt, and Wilson carried Mis¬ 
souri; in 1916 he was again successful. But in 1920 
Missouri shared the nation-wide reaction and gave 
Harding a majority of over 150,000. 

The Later Governors. — In state politics similar 
changes were taking place. For governor in 1896 and 
in 1900, the Democratic candidates, Lawrence V. 
Stephens and Alexander M. Dockery, both supporters 


MISSOURI SINCE 1875 


211 


of Bryan, were chosen.. In 1904, however, there was 
a bitter fight in the Democratic party for the nomina¬ 
tion, won by Joseph W. Folk, the reform candidate. 
Folk was elected governor, while the Republican can¬ 
didates for the other state offices were successful. The 
Republicans won a majority in the legislature and sent 
William Warner to the United States senate in place of 
Cockrell. Four years later the Democrats were again 
badly divided in choosing a candidate, and a Repub¬ 
lican, Herbert S. Hadley, was elected governor. The 
legislature and most of the other state officers chosen 
were Democrats. In 1911, a Democratic legislature 
chose as senator James A. Reed (reelected in 1917); 
in the same year Missouri was honored by the election 
of Champ Clark as Speaker of the national house of 
representatives. A year later he was the most prom¬ 
inent candidate for the Democratic nomination for 
President, and was barely defeated in the convention 
by Woodrow Wilson. In 1912 Elliott W. Major, the 
Democratic nominee for governor, was chosen, with the 
entire Democratic ticket. In 1916, F. D. Gardner, 
representing the more progressive element in the Demo¬ 
cratic party, was chosen, but in 1918 the Republicans 
elected Selden P. Spencer to the United States senate, 
and in 1920 secured a majority in both houses of the 
assembly and elected Arthur M. Hyde governor. 

Population. — Since 1870 Missouri’s population had 
grown steadily but more slowly than in the earlier 
periods. In the ten years from 1870 to 1880 and again 
from 1880 to 1890 the increase was about a fourth, 


212 


A HISTORY OF MISSOURI 


then dropping steadily in the later decades to about a 
thirtieth from 1910 to 1920. In the census years from 
1870 to 1900 she ranked fifth in population among the 
states; in 1920 she ranked ninth. Since 1880 more and 
more of the increase of the population was to be found 
in the cities until in 1920 nearly half of the people were 
living in towns of 2500 or more. By 1875 the better 
government lands had been taken up, the newcomers 
were going farther west and north in their search for 
cheap land, and for the last thirty years Missouri was 
becoming filled up as far as farms and farmers were 
concerned. 

After the Civil War and the building of the railroads 
the river traffic on the Missouri and the Mississippi 
declined, and St. Louis lost much of her unique ad¬ 
vantage of position. With better railroads and the 
lakes, Chicago passed St. Louis in the race for the 
leadership in the West and Northwest. But a new 
field, the Southwest, was developing, at first slowly, 
but in recent years faster and faster. Here St. Louis 
and Kansas City have all the advantages of position 
as in the old days of the Santa Fe trail. 

Industries. — Since 1870 Missouri has become more 
and more important in manufacturing, in 1914 ranking 
eleventh among the states in value of manufactures. 
St. Louis ranks high in the production of boots and 
shoes and the preparation of tobacco, and St. Louis, 
Kansas City, and St. Joseph are important meat¬ 
packing centers. In the extreme southwest of Missouri 
there has been a great development of lead and zinc 


MISSOURI SINCE 1875 


213 


mining. Here are now a group of prosperous and grow¬ 
ing cities which were unheard-of in 1870. Springfield, 
too, has shared in the prosperity of the section. Han¬ 
nibal has become one of the most important centers 
of cement production in the country. But agriculture 
and the farmers are still the most important factors 
in Missouri. Cereals and cattle and hogs continue the 
most important farm products. In the last few years 
there has been a great interest in better farming methods 
and in cooperation through Farm Bureaus, County Ad¬ 
visers, and similar organizations. In the southeast 
hundreds of thousands of acres of very fertile land have 
been reclaimed through drainage. 

Progress. — Such improvements as the telephone 
and the rural free delivery of mail and the parcel post 
have broken down the isolation of farm life. The auto¬ 
mobile has helped to bring within sight the good roads 
Missourians have been discussing for a generation, 
through the $60,000,000 bond issue voted in 1920. In 
the last ten years there has been a marked improve¬ 
ment in the schools and teachers in the state. Social 
reform and social legislation to deal with the new in¬ 
dustrial problems have attracted more attention. For 
many of these advances the frame of government which 
reflected so well the problems and opinions of 1875 had 
become a real obstacle, so that after a long agitation 
the people voted in 1921 to call a convention to draw 
up a new state constitution. 

Missouri in the World War. — Missouri responded 
promptly and eagerly to the call to arms. She fur- 


214 


A HISTORY OF MISSOURI 


nished (to October 31, 1918) 140,257 men to the armed 
forces of the United States, of whom 92,843 entered 
the service under the Selective Service Act. Her sacri¬ 
fices (to January 1, 1919) were 1,270 killed in action, 
and 1,531 from wounds, disease, and accident, a total 
of 2,801. At home the people did their part as well. 
In subscriptions to all four Liberty Loans Missouri fur¬ 
nished much more than the minimum quota asked of 
her, lending in all $593,077,950. She was one of the 
very first states to establish a State Council of Defense, 
which organized councils in every county. Those coun¬ 
cils carried out the campaigns for increased food pro¬ 
duction, increasing the wheat acreage by over 20% in 
1917 and by an even greater percentage in 1918. 

We have followed the history of Missouri from the 
untrodden wilderness down to the prosperous common¬ 
wealth you know to-day. Since 1804 at least it has 
been a story of almost unbroken progress in population, 
wealth, and civilization. Missouri has made good use 
of her natural advantages. In national history, too, 
she has done her part through her long line of able 
senators and representatives, her leadership in national 
affairs, and her great share in the development of the 
Far West. But Missouri is no longer a frontier “ west¬ 
ern” state. Her problem for the future is the problem 
of the whole United States, to preserve the best of the 
older western democracy toward the solution of the 
problems of a complex modern society. 


INDEX TO HISTORY OF MISSOURI 


Academies, private, 111. 

Adams, John Quincy, president, 92- 

93, 122. 

Admission, 69-84. 

American Bottom, 21. 

American settlers in Missouri, 24, 30, 
35, 49, 54, 110, 120, 150. 
character and life of, 30, 58-66. 
enterprise of, 58. 

American settlers in the East, 33- 
35. 

Antislavery sentiment in Missouri, 
79, 184. 

Antislavery societies, 141. 

Arkansas territory organized, 73. 
Arsenal at St. Louis, struggle for, 
161-165. 

Ashley, William H., fur trader, 115. 
candidate for governor, 90, 103. 
lieutenant governor, 81. 
representative, 98. 

Astor, John Jacob, fur trader, 63. 
Astoria, Oregon, 64. 

Asylums, 152. 

Atchison, David R., senator, 124, 135. 
contest with Benton, 133, 135. 
in Kansas, 143. 

Austin, Moses, 122. 

Austin, Stephen, 122. 

Banks, 113. 

Barton, David, life of, 85, 94. 

president of constitutional conven¬ 
tion, 80, 85. 

relations with Benton, 82, 94. 
senator, 82, 90, 92-94. 
state senator, 94. 

Bates, Edward, representative, 93- 

94. 

Bates, Frederic, secretary and gov¬ 
ernor, 46, 90. 

Becknell, William, trader, 117. 

Bell, John, presidential candidate, 
154. 


Benton, Thomas Hart, character and 
life, 85-87, 130, 136-137. 
duel with Lucas, 60. 
elected senator, 82, 93, 99, 124. 
fails of election, 135. 
fall of (1848-1856), 130-137. 
loss of influence, 131. 
opposed to slavery, 79, 184. 
opposed to Texas, 123. 
opposition to, 121-122, 124, 130, 
135. 

portrait, frontispiece, 
relations with Barton, 82, 94. 
relations with Jackson, 86, 93-94 
99, 131. 

representative (1852), 136. 
runs for governor (1856), 136. 
Benton’s Appeal, 134. 

Biddle, Major, 98. 

Black Hawk War, 91. 

Blair, Frank P., Union leader, 158, 
162-166, 168. 

Benton’s friendship for, 131. 
Democratic leader, 187. 
opposed to test oath, 189. 
portrait, 163. 
senator, 198. 

vice presidential candidate, 191. 
Bland, Richard P., representative, 
210 . 

Blue Lodges, 143. 

Boggs, Lilburn W., governor, 103- 
104, 117. 

Bogy, Louis V., senator, 198. 

Boone, Daniel, 34. 

Boone’s Lick country, 50, 54, 56. 
Boone’s Lick Road, 54. 

Boonville, settlement, 50, 65, 112. 

battle of, 171. 

Border Ruffians, 141, 143. 
Boundaries, 69, 76, 100, 104. 

Brazito, battle of, 126. 

Breckinridge, John C., presidential 
candidate, 155. 


215 



216 


A HISTORY OF MISSOURI 


Brown, B. Gratz, liberal Republican 
leader, 190. 
elected senator, 191. 
governor, 192, 195. 
vice presidential candidate, 197. 
Brown, John, abolitionist, 143, 145. 
Bryan, William J., presidential candi¬ 
date, 211. 

Buckner, Alexander, senator, 94. 
Burr, Aaron, 44. 

Cahokia, settled, 21. 

Caldwell county, Mormon settlers in, 
102-104. 

Calhoun, opposed to Benton, 131- 
132. 

California, ceded to the United States, 
127. 

Missourians in, 117, 150. 
slavery question in, 128, 139. 
Callaway, Captain James, pioneer, 
53. 

Camp Jackson, 165, 166. 

Cape Girardeau, settled, 24. 

Capital, 83. 

Carthage, battle of, 172. 

Chihuahua, Doniphan at, 126. 
Cholera, 92. 

Chouteau, Auguste, 22. 

Churches, early, 60. 

Cities, 111-112, 151, 206. 

Civil War, 171-179, 186, 202. 

local, 175-178. 

Clark, George Rogers, 27. 

Clark, William, governor, 45, 51, 81. 

in Lewis and Clark expedition, 62. 
Clay, Henry, author of Second 
Missouri Compromise, 83. 
presidential candidate, 92-93, 95. 
Clay county, 102. 

Cockrell, Francis M., senator, 199. 
Colorado, Missourians in, 150, 203. 
Columbia, State University at, 111. 
Columbia Statesman, 61. 

Compromise, favored by Missouri 
(1860-1861), 156-160. 
Compromise, Missouri, first, 76, 81, 
140. 

second, 83, 84. 

Compromise of 1850, 139. 

Conditional Union men, 158, 164, 
165. 


Confederacy, 174. 

Conservatives, 184, 185, 188, 193. 
Constitution, of 1820, 80. 
of 1865, 188. • 

of 1875, 198. 

Constitutional convention, of 1820, 
80. 

of 1845, 120. 
of 1865, 185, 188. 
of 1875, 198. 

Constitutional Union party, 154. 
Convention of 1861-1863, 158-161, 
181-185. 

Cooper, Benjamin, pioneer, 50. 
Cooper, Captain Sarshall, pioneer, 
52. 

Corporations, regulation of, 210. 
Cotton gin, 71. 

Council Grove, Kansas, 118. 

Counties, 43, 56, 68, 109, 149. 
County government, early, 43. 
Cowskin Prairie, 172. 

Crittenden, Thomas T., governor, 
208. 

Cuivre river settlements, 50. 

Debt, state, 148, 205. 

Delassus, Spanish governor, 29. 
Delegates to Congress, 47. 
Democratic party, beginnings of, 
89, 95. 

break-up of (1860), 145, 154, 187. 
revived, 189, 200, 208. 

Democrats, “Hards” and “Softs,” 
124. 

De Soto, Ferdinand, 20. 

Dockery, Alexander M., governor, 

211 . 

Dodge, General, in Indian war, 53. 
Doniphan, Alexander H., expedition 
to Mexico, 125-126. 

Douglas, Stephen A., presidential 
candidate, 154. 

Drake, Charles D., 189, 191. 

Dueling, 59-60, 98. 

Dunklin, Daniel, governor, 100, 
102. 

Eads bridge, 207. 

Earthquake, 55. 

Easton, Rufus, delegate, 47. 

Edwards, John C., governor, 124. 




INDEX 


217 


Elections, 1820, 81-82, 90. 

1824-1828, 90-91, 92-94. 

1832, 95, 98, 100. 

1836, 103. 

1840, 105. 

1844, 124. 

1848, 132. 

1850, 135. 

1852, 136, 139. 

1856, 136, 143. 

1857, 144. 

1860, 145, 154-156. 

1864, 185, 187-188. 

1868, 191. 

1870, 192-193. 

1872, 195-197. 

1874, 198. 

1876, 200. 

1880-1892, 208-209. 

1896-1904, 211. 

1908, 212. 

Emancipation, 184-186. 

Ewing, General, 178. 

Farmers’ Alliances, 210. 

Farmington, settlements near, 25. 

Far West, 102, 104. 

Flatboats, 59, 65. 

Fletcher, Thomas C., governor, 188. 
Flint, Rev. Timothy, 60. 

Folk, Joseph W., governor, 211. 

Fort Chartres, 22, 23, 26. 

Forts of early settlers, 51. 

France, cedes Louisiana, 37-38, 40- 
41. See French. 

Francis, David R., governor, 209. 
Franklin, settlement, 50, 65, 118. 
Free negroes, 81, 83-84. 

Fremont, General, 172, 173. 

French in Missouri, 20-30. 

French villages, life in, 29. 

Frost, General, 165, 166. 

Fur trade, 63, 115. 

Gamble, Hamilton R., 158, 159. 

governor, 182-185, 202. 

Gasconade county, 110. 

Gasconade river, 112. 

General assembly, first, 82. 

Gentry, Colonel Richard, 105. 
Geographical advantages, 15. 

Germans in Missouri, 110, 120, 150. 

HIST. MO. — 14 


Geyer, H. S., senator, 135. 

Grangers, 210. 

Greeley, Horace, presidential candi¬ 
date, 196. 

Green, James S., opposes Benton, 
133. 

senator, 136. 

Guerrillas, 176, 178, 202, 203. 

Hadley, Herbert S., governor, 212. 
Hannibal, 112, 206. 

Hannibal and St. Joseph railroad, 
148, 204. 

Hardin, Charles H., governor, 198. 
Hards, 124. 

Harney, General, 166-168. 

Harrison, William Henry, 41, 44. 
Hempstead, Edward, delegate, 47. 
Henderson, John B., 158, 191, 196. 
Hermann, founded, 110. 

Home guards, 168. 

Howard, Benjamin, governor, 45. 

in Indian war, 51. 

Howard county organized, 56. 

Independence, growth of, 112, 118, 
151. 

Mormons in, 101. 

Price captures, 175. 

Indian claims, 91. 

Indians, 27, 50-53. 

Black Hawk War, 91. 
on Santa Fe trail, 118. 

Iowa boundary dispute, 104. 

Irish in Missouri, 120, 150. 

Ironclad oath, 188-193, 203. 

Iron Mountain railroad, 148, 205. 

Jackson, settlements near, 25. 
Jackson, Andrew, party of, 89, 93-95. 
relations with Benton, 86, 93-94, 
99, 131. 

Jackson, Claiborne F., governor, 
155, 162-168. 
in Civil War, 171-174. 
opposed to Benton, 133. 
speaker, 124. 

Jackson county, Mormons in, 101- 

102 . 

Jackson resolutions, 133. 

James brothers, 203. 

“ Jayhawkers,” 144. 



218 


A HISTORY OF MISSOURI 


Jefferson, President, and Louisiana, 
37, 41. 

Jefferson City, capital, 83. 

Johnson, Waldo P., senator, 191. 
Joliet, explorer, 20. 

Kansas City, 112, 118, 206, 213. 
Kansas-Nebraska Act, 140. 

Kansas troubles, 139-146. 

Kaskaskia, 21, 27. 

Kearny, General, 125. 

Kentucky settlements, 35, 36, 54. 
King, Austin A., governor, 133. 

Laclede Liguest, Pierre, 22. 

Lafayette, visit of, 90. 

Land speculation, 113. 

Land titles, 42, 43, 47, 48. 

La Salle, explorer, 21. 

Lawrence, Kansas, sacked, 178. 

Lead, 16, 21, 29, 58, 115, 213. 

Lewis and Clark expedition, 62. 
Lewis, Meriwether, governor, 44. 

in Lewis and Clark expedition, 62. 
Lexington, battle of, 173. 

Liberal Republicans, 190, 192, 195- 
197. 

liberty, 112. 

Lillard county, 90. 

Lincoln, Abraham, President, 154, 
183, 185, 187. 

Linn, Dr. Lewis F., senator, 99. 

Lisa, Manuel, fur trader, 63. 
Livingston, American minister, 38. 
Local government, early, 43. 
Location, 15. 

Louisiana, district of, 41. 

territory of, 42. 

Louisiana Purchase, 37—38, 40. 

Loutre Island, 49, 51, .53. 

Lucas, Charles, duel, 60. 

Lucas, J. B. C., Judge, 46, 79, 82. 
Lyon, Nathaniel, Union leader, 164, 
166, 168. 

in Civil War, 171-173. 
takes Camp Jackson, 166. 

McClurg, Joseph W., governor, 191. 
McCulloch, General, 172-173. 
McNair, Alexander, governor, 84. 
Maine, admission of, 75-76. 
Manufacturing, 213. 


Maps, Louisiana Purchase, 40. 
Missouri in 1821, 68. 

Missouri in 1845, 109. 

Missouri to-day, 12-13. 
soils of Missouri, 19. 
surface of Missouri, 17. 

United States, 14. 

Marmaduke, John S., governor, 208. 
Marmaduke, M. M., governor, 106. 
Marquette, explorer, 20. 

Martial law, 177. 

Meramec river, 18, 21, 25. 

Mexico, Missourians in, 203. 

war with, 123-127. 

Militia Act, 166, 181. 

Militia, Union, 183. 

Miller, John, governor, 90, 99. 

Mines, 16, 21, 213. 

Mississippi question, 36. 

Mississippi river, discovery of, 20. 
trade on, 112. 

Mississippi river settlements, 50, 54. 
Missouri, admitted to the Union, 84. 
and the Confederacy, 174. 
boundaries, 69, 76, 100, 104. 
maps, 12-13, 17, 19, 68, 109. 
natural advantages of, 15-19. 
struggle for statehood, 69-84. 
territory, 42 

troops in Civil War, 178. 
see also Capital , Population , Settle¬ 
ment, etc. 

Missouri Compromise, first, 76, 81, 
140. 

second, 83, 84. 

Missouri Pacific railroad, 148. 
Missouri river, trade on, 112. 
Missouri river settlements, 49, 54. 
Money question, 122, 124. 

Monroe, James, and Louisiana, 38. 
Montana, Missourians in, 203. 
Morgan, Colonel, 24. 

Mormons in Missouri, 101-104. 

Napoleon cedes Louisiana, 37-38, 40- 
41. 

Nauvoo, Illinois, 104. 

Negro suffrage, 190-192. 

New Madrid, settled, 24. 

New Madrid earthquake, 55. 

New Mexico ceded to the United 
States, 127. 




INDEX 


219 


New Orleans under Spanish rule, 
36, 37. 

Newspapers, early, 61. 

Normal schools, 206. 

Northern boundary, 104. 

North Missouri railroad, 148, 205. 

Order Number 11, 178. 

Ordinance of Emancipation, 185. 
Ordinance of Secession, 173. 

Oregon, Missourians in, 116, 150, 

203. 

Oregon Trail, 116. 

Orr, Sample, 155. 

Osage river, 112. 

Osceola, 112. 

Ozarks, 16, 17, 18, 55. 

Pacific railroad, 148, 204. 

Palmyra massacre, 177. 

Panic, of 1837, 114. 
of 1873, 206. 
of 1893, 210. 

Parties, beginnings of, 89-96. 
break-up of (1860), 145. 
new in 1865-1870, 187. 

Peace Congress, 157. 

Pea Ridge, battle of, 174. 

Peck, Rev. John Mason, 60. 

Pettis, Spencer, 94, 98. 

Phelps, John S., governor, 200. 
candidate for governor, 191. 
opposed to test oath, 189. 
representative, 124. 

Piedmont, 33, 34. 

Pike, Zebulon M., explorer, 62. 
Platte Purchase, 99, 100. 

Polk, President, 125. 

Polk, Trusten, governor, 143. 

senator, 136, 191. 

Popular sovereignty, 154. 

Population, 24, 108, 149-152, 203- 

204, 212. 

Populists, 210. 

Potosi, 25, 54. 

Pottawattamie massacre, 143. 

Price, Sterling, governor, 139. 
in Mexican War, 126-127. 
portrait, 169. 

president of convention, 158. 
representative, 124. 

Southern leader, 167, 108, 171-175. 


Price-Harney agreement, 167. 

Price’s raid, 174. 

Provisional government, 181-185. 
Purchase of Louisiana, 37-38, 40. 

Quantrell, guerrilla leader, 176, 178. 

Radicals, 184-187, 190, 192, 193. 
Railroads, building of, 100, 113, 147- 
149, 205. 

regulation of, 210. 
sale of, 204. 

Ralls, Daniel, 82. 

Reed, James A., senator, 212. 
Republican party, 140, 154, 156. 
changes in, 187. 
split in, 190, 192. 
success in 1904, 211. 

Republican party, old, 89. 

Resources, 15. 

Reynolds, Thomas, governor, 105. 
Roads, 113. 

Rollins, James S., 144. 

Roosevelt, Theodore, President, 211. 

Sacramento, battle of, 126. 

St. Ange, Captain, 26. 

St. Charles, 24, 83. 

St. Francis river, 18, 21, 25. 

Ste. Genevieve, settled, 21, 23. 

St. Joseph, English trading post, 27. 
St. Joseph, Missouri, 148, 151, 206. 
St. Louis, capital, 82. 
cholera in, 92. 
first settlement. 22-24. 

French and Americans in, 58, 64. 
fur trade, 116 

growth of, 64, 111, 151, 152, 206, 
213. 

St. Louis Republic, 61 
Santa Fe, captured, 125. 
caravans, 118. 
trade, 64. 

Trail, 117. 

Schools, 61, 111, 152, 206. 

Schurz, Carl, 190, 191, 196. 

Scott, John, delegate, 47, 73. 

representative, 81, 90, 92, 93. 

Seal, state, 82. 

Secession in Missouri, 158-159, 165, 
174. 

Sectional contest, 70-84, 152-170 



220 


A HISTORY OF MISSOURI 


Seminole War, 105. 

Settlement of Missouri, 21-25, 49, 54, 
110, 120, 150. 

Shelby, General, 176. 

Sigel, General, 172. 

Slavery, arguments, 74. 
in Kansas, 140-143. 
in Mexican cession, 127. 
in Missouri, 24, 29, 59, 73-84, 111, 
150, 184-186. 

in territories, 139-143, 154. 
in the United States, 70-71, 76. 
Smith, Joseph, Mormon, 101, 103. 
Softs, 124. 

Soils of Missouri, 16-19. 

Southern sympathizers, 158, 161, 165. 
Southwest Branch railroad, 148, 205. 
Spain, and the Mississippi question, 

36. 

gives up Louisiana, 37, 41. 

Spanish rule in Missouri, 26-31, 35- 

37, 41. 

government under the, 28. 
Springfield, 213. 

settlements near, 55, 110. 

State guards, 167, 173, 174. 

State seal, 82. 

Statehood, struggle for, 69-84. 
Steamboats, 65, 90. 

Stephens, Lawrence V., governor, 

211 . 

Stewart, Robert M., governor, 144, 
156. 

opposes Benton, 133. 

Stoddard, Captain Amos, 41. 

Stone, William J., governor, 209. 
Sumter, Fort, 164. 

Surface of Missouri, 16. 


Tallmadge, in House of Represents/- 
tives, 73. 

Tennessee, settled, 35, 36, 54. 
Territorial government, 42-43. 

Test oaths, 183, 189-193. 

Texas, annexation of, 122—125. 

settlement of, 122. 

Tidewater plain, 33. 

Transportation, 112. 

Turbulent element of settlers, 59. 
Tyler, President, 123. 

Unconditional Union men, 158, 161. 
University, State, 111, 206. 

Upper Louisiana, 23, 26. 

ceded to United States, 38, 41. 

Vest, George G., senator, 209. 

War of 1812, 51. 

Warner, William, senator, 212. 
Warsaw, 112. 

Washington county organized, 56. 
Westport Landing, 112, 118. 
Westward movement, 33-35. 

Whigs, 95, 96, 140, 154, 187. 

White river settlements, 55. 
Wilkinson, James, governor, 44. 
Willamette valley, Missourians in, 
117, 150. 

Williams, Abraham J., governor, 90. 
Wilsons Creek, battle of, 172, 173. 
Woodson, Silas, governor, 197. 

Younger brothers, 203. 

Zinc, 16, 213. 







































































